violate or fail to comply with the provisions of this Act shall be guilty of a misdemeanor, and on conviction thereof shall be sentenced to pay a fine of not less than one hundred dollars and not to exceed five hundred dollars, or shall undergo imprisonment in the county jail for a term of not less than thirty days and not to exceed six months, or either, or both, at the discretion of the court.

SEC. 7. It shall be the duty of the several miners' examining boards to investigate all complaints or charges of non-compliance or violation of the provisions of this Act, and to prosecute all persons so offending; and it shall be the duty of the prosecuting attorney of the judicial district wherein the complaints or charges are made to investigate the same and prosecute all persons so offending, and it shall at all times be the duty of such prosecuting attorney to prosecute such members of the Miners' Examining Board as have failed to perform their duty under the provisions of this Act. Upon conviction of any member of the Miners' Examining Board for any violation of this Act, in addition to the penalties herein provided, his office shall be declared vacant, and he shall be deemed ineligible to act as a member of the said board.

SEC. 8. For the purpose of this Act the members of the said Miners' Examining Board shall have the power to administer oaths.

SEC. 9. An Act entitled "An Act in relation to the safety and competency of coal miners, and to punish for infraction of the same," approved June 7, 1897, in force July 1, 1897, is hereby repealed.

FIRST AMENDATORY ACT, 1909.

LAWS 1909, P. 284.

MINERS' EXAMINING BOARD.

JUNE 5, 1909.

AN ACT to amend an act entitled An Act (same as section 1).

SECTION 1. Be it enacted, etc.: That an Act entitled "An Act to provide for the safety of persons employed in and about coal mines, and to provide for the examination of persons seeking employment as coal miners, and to prevent the employment of incompetent persons as miners, and providing penalties for the violation of the same," approved June 1, 1908, and in force July 1, 1908, be and the same is hereby amended to read as follows:

SEC. 1. That hereafter no person whoever shall be employed or engaged as a miner in any coal mine in this State without having first obtained a certificate of competency and qualification so to do from a “Miners' Examining Board" of some county in this State: Provided, that any miner actually employed in this State when this Act becomes effective, who has been employed as a miner at least two years in coal mines, shall be entitled to a certificate permitting him to work in the mines of this State as a practical miner: And, provided, further, that any such certificated miner may have one uncertificated person working with him and under his direction for the purpose of learning said business of mining and becoming qualified to obtain a certificate in conformity with the provisions of this Act.

SEC. 2. In each county of this State where the business of coal mining is carried on, there shall be created a board to be styled "The Miners' Examining Board," to consist of three practical, experienced and skilful miners of at least five years' continuous experience, who are then actually engaged in mining coal in the county for which they are appointed. Such appointments shall be made by the county judges in their respective counties immediately after this Act shall be in effect, and on or before the 10th day of January in

each year thereafter, and all vacancies in said board shall be at once filled by the county judge of the county in which such vacancy occurs.

Each of said boards shall organize by electing one of the members president, and one member secretary; and every member of said board shall, within ten days after his appointment, take and subscribe an oath or affirmation before a properly qualified officer of the county in which he resides, that he will honestly and impartially discharge his official duties; each of said boards shall provide itself with an impression seal, having engraved thereon the name of said board and the county for which it is appointed.

Members of said board shall receive as compensation for their services three and fifty one-hundredths dollars ($3.50) per day for each day actually engaged in their official duties, and all legitimate and necessary expenses incurred in attending the meetings of said board under the provisions of this Act, and no part of the salary of the members of said board, or the expenses thereof shall be paid out of the State treasury except as herein provided.

SEC. 3. Each of said examining boards shall designate some convenient meeting place in their respective counties, of which due notice shall be given by advertisement in two or more newspapers of the proper county. At such meeting a book of registration shall be open in which shall be registered the name and address of each and every person to whom said board shall issue a certificate of competency under this Act.

SEC. 4. Each applicant for examination for the certificate herein provided, shall pay a fee of one dollar, and the amount derived from this source shall be held by said boards respectively and applied to the expense and salaries herein provided and such as may arise under the provisions of this Act. The said boards shall report in writing quarterly to the court appointing them, all moneys received and disbursed under the provisions of this Act, together with the number of miners examined under this Act and the number failing to pass the required examination.

All moneys over and above the amount required to pay the salaries of the members of said board in the respective counties, and their necessary actual expenses while in the performance of their duty as such board shall be paid to the State Treasurer on the second Wednesday of each and every month, and the same shall be paid out by said State Treasurer only upon warrants issued by the county judge of the county for which such board was appointed. Said warrants shall show on their face that they are for the payment of the salary and necessary actual expenses of the members of said board in such county.

SEC. 5. It shall be the duty of said boards respectively to meet on the first Wednesday of each month and to remain in session for a period of two days and no longer, and said meeting shall be public. The said board shall examine under oath all persons residing in the county in which said board resides who apply for certificates as provided in this Act, and said board shall grant such certificates of competency or qualifications to such applicants as are qualified, which certificates shall entitle the holders thereof to be employed as, and to do the work of miners in any county in this State, without other or further examination.

No certificate of competency shall issue or be given to any person under this Act unless he shall produce evidence of having had not less than two years of practical experience as a miner or with a miner, and in no case shall an applicant be deemed competent unless he appear in person before the said board and orally answer intelligently and correctly at least twelve practical questions propounded to him by the board pertaining to the requirements and qualifications of a practical miner.

The said board shall keep an accurate record of the proceedings of their meetings and in said record shall show a correct detailed account of the examination of each applicant with questions asked and their answers and at each of these meetings the board shall keep said record open for public inspection. Any miners certificate granted under the provisions of this Act shall not be transferable, and any transfer of the same shall be deemed a violation of this Act. Such certificates shall be issued only at meetings of said boards, and said certificates shall not be legal unless then and there signed by at least two members of said board, and sealed with the seal of the board issuing the certificates.

SEC. 6. That no person shall hereafter engage as a miner in any coal mine without having obtained such certificate as aforesaid. And no person shall employ any person as a miner who does not hold such certificate as aforesaid, and no mine foreman or superintendent shall permit or suffer any person to be employed under him, or in the mines under his charge and supervision as a miner, except as herein provided, who does not hold such certificate. Any person or persons who shall violate or fail to comply with the provisions of this Act shall be guilty of a misdemeanor, and on conviction thereof shall be sentenced to pay a fine of not less than one hundred dollars and not more than five hundred dollars, or shall undergo imprisonment in the county jail for a term of not less than thirty days and not to exceed six months, or both, at the discretion of the court.

SEC. 7. It shall be the duty of the several miners' examining boards to investigate all complaints or charges of non-compliance or violation of the provisions of this Act, and to prosecute all persons so offending; and it shall be the duty of the prosecuting attorney of the County wherein the complaints or charges are made to investigate the same and prosecute all persons so offending, and it shall at all times be the duty of such prosecuting attorney to prosecute such members of the Miners' Examining Board as have failed to perform their duty under the provisions of this Act. Upon conviction of any member of the Miners' Examining Board for any violation of this Act, in addition to the penalties herein provided, his office shall be declared vacant, and he shall be deemed ineligible to act as a member of the said board.

SEC. 8. For the purpose of this Act the members of the said Miners' Examining Board shall have the power to administer oaths.

SEC. 9. An Act entitled "An Act in relation to the safety and competency of coal miners, and to punish for infraction of same," approved June 7, 1897, in force July 1, 1897, is hereby repealed.

SECOND AMENDATORY ACT, 1913.

LAWS 1913, P. 438.

JUNE 27, 1913.

AN ACT to provide for the safety of persons employed in and about coal mines, and to provide for the examinations of persons seeking employment therein in order that only competent persons may be employed as miners, and to create a board of examiners for this purpose and to provide a penalty for a violation of the same, and to repeal an Act entitled, "An Act to amend an Act entitled, 'An Act to provide for the safety of persons employed in and about coal mines and to provide for the examination of persons seeking employment as coal miners, and providing penalties for the violation of the same, approved June 1, 1908, in force July 1, 1908,' approved June 5, 1909, in force July 1, 1909.”

SECTION 1. Be it enacted, etc.: That hereafter no person shall be employed or engaged as a miner in any coal mine in this State without having first obtained a certificate of competency and qualification so to do from the "Miners' Exam

ining Board" of this State, created by this Act: Provided, however, that any such certificated miner may have one person working with him and under his directions as an apprentice for the purpose of learning the business of mining and becoming qualified to obtain a certificate in conformity with the provisions of this Act.

SEC. 2. The Governor shall, by and with the advice and consent of the Senate, within thirty days after this Act shall take effect, appoint three persons as Miners' Examining Commissioners, who shall constitute the "Miners' Examining Board," for the State of Illinois, and who shall hold office as follows: One of said appointees shall hold office until March 1, 1914, one until March 1, 1915, and one until March 1, 1916, and on the first day of March of each year after this Act shall take effect, one member of said board shall be appointed and the term of office thereafter shall be three years for each member, or until his successor is appointed and qualified. Two of such commissioners shall constitute a quorum. Said commissioners shall hold no other lucrative office or employment under the government of the United States, State of Illinois, or any political division thereof or any municipal corporation therein and each commissioner before entering upon the duties of his office shall subscribe and take the oath prescribed by the Constitution of this State, and shall before entering upon the duties of his office give a bond with sufficient surety to be approved by the Governor, payable to the People of the State of Illinois, in the penal sum of five thousand dollars ($5,000), conditioned for the faithful discharge of his duties of office and delivery of records, books, moneys, and other property pertaining to his office to his successor in office, which said bond shall be deposited in the office of the Auditor of Public Accounts.

SEC. 3. No person shall be appointed such miners' examining commissioner who has not had at least five years practical and continuous experience as a coal miner and who has not been actually engaged in coal mining as a miner in the State of Illinois continuously for twelve months next preceding his appointment: Provided, however, that a commissioner may be appointed to succeed himself.

SEC. 4. Each of said commissioners shall receive a salary of fifteen hundred dollars ($1,500.00) per year, payable monthly, such salary to be paid on the certificate of the president of said board, verified by the commissioner receiving the same, and approved by the Governor.

SEC. 5. Immediately after the appointment or reappointment of a commissioner in each and every year, the said board shall organize by selecting one of its members president and another secretary for the ensuing year, and all records, reports, books, papers and other property pertaining to the office of said board shall be kept by the secretary. The secretary shall be provided with a seal with proper device and on the margin thereof shall be the words "Miners' Examining Board, State of Illinois."

SEC. 6. Such board shall hold an examination once in each calendar month, in at least twelve places located most conveniently with reference to the districts in which coal is mined in the State of Illinois so that all persons in such district or in this State, or who may wish to come into this State, for the purpose of engaging in mining, may be examined as to their competency and qualifications. Notice of the time and place of such examinations shall be published in some newspaper of general circulation printed in the English language and published in the vicinity where such examination will be held. Such notice shall be published at least three times before the date of such examination, the first publication not less than seven days before the examination is to occur. If there is

not such newspaper published at the place of such examination, then such notice shall be published in the newspaper nearest to the place of such examination. SEC. 7. Each applicant for the certificate provided for herein shall pay a fee of $2.00 to said board. Fees so collected during each month, shall, before the 10th day of the following month, be paid by the board to the State Treasurer, together with a report showing where and from whom each fee was collected. SEC. 8. All examinations held by said "Miners' Examining Board" shall be conducted in the English language and shall be of a practical nature so as to determine the competency and qualification of the applicant to engage in the business of mining. Said board shall examine under oath all persons who apply for certificates as to their previous experience as miners and shall grant certificates of competency or qualification to such applicants as are qualified which certificates shall entitle the holder thereof to be employed as and to do the work of miners in this State. No certificate of competency shall issue or be given to any person under this Act unless he shall produce evidence of having had not less than two years' practical experience as a miner or with a miner, and in no case shall an applicant be deemed competent unless he appear in person before said board and orally answer intelligently and correctly at least twelve practical questions propounded to him by the board pertaining to the requirements and qualifications of a practical miner. Said board shall keep an accurate record of its proceedings and meetings and in said record shall show a correct detailed account of the examination of each applicant with questions asked and their answers, and at each of its meetings the board shall keep said record open for public inspection. No miner's certificate granted under the provisions of this Act shall be transferable and any effort to transfer the same shall be deemed a violation of this Act. Such certificates shall be issued only at meetings of sàid board and said certificates shall not be legal unless signed by at least two members of said board and sealed with the seal of the board issuing such certificates.

SEC. 9. Said board shall annually on the first day of March, report to the Governor, in writing, what examinations it has held and what work it has done during the preceding year, together with such recommendations as it may deem advisable for the improvement of the method of holding examinations and carrying out the purpose of this Act.

SEC. 10. No person shall hereafter engage as a miner in any coal mine without having obtained a certificate of qualification as provided for in this Act. nor shall any person, firm, or corporation employ as a miner in his, their or its mine in this State, any person who does not hold such certificate, nor shall any mine foreman, overseer, or superintendent permit or suffer any person to be employed under him or in any mines under his charge or supervision as a miner in any mine in this State, except as herein provided, who does not hold such certificate of qualification. Any person, firm or corporation who shall violate or fail to comply with the provisions of this Act, shall be deemed guilty of misdemeanor and on conviction thereof shall be fined in any sum not less than one hundred dollars ($100.00), and not more than five hundred dollars ($500.00), or shall be imprisoned in the county jail for a term of not less than thirty days, nor to exceed six months, at the discretion of the court. SEC. 11. It shall be the duty of said "Miners' Examining Board" to report all complaints or charges of noncompliance with, or violation of the provisions of this Act to the State's Attorney of the county in which such non-compliance or violation occurs, and it shall be the duty of the State's Attorney of the county wherein the complaints or charges are made, to investigate the same and prosecute all persons so offending.