fees of other State officers are paid. He shall hold his office for the term of two years, or until his successor is appointed and qualified, before entering upon the discharge of his duties as Inspector of Mines he shall file an official bond in the sum of five thousand dollars, conditioned for the faithful performance of the duties of his office, in form and manner as are other official bonds of State officers.

SEC. 3. The Inspector of Mines shall not at the time of his appointment or any time during his term of office, be an officer, director, or employee in or of any mining corporation in this State, or in, or of any milling corporation in the State engaged in the business of smelting or reducing ores; and such Inspector shall devote his whole time to the duties of his office and shall take and subscribe to the following oath:

State of Idaho
County of...

I of....

SS.

.county do solemnly swear that I will perform each and every duty required of me as Inspector of Mines for the State of Idaho; that I will at all times while acting in my official capacity fulfill the duties of such office according to law and to the best of my skill and understanding that I will never at any time while holding the office of Inspector of Mines disclose to any one, directly or indirectly, under any circumstances, any information relative to ore bodies, chutes, or deposits of ore, or the location, course or character, of underground workings or give my opinion founded on any examination made in the performance of my official duties relative to the value of any mine or mining property, unless by permission of the person or persons in charge of the same, to all of which I pledge my sacred honor. So help me God. Nothing in said oath however, shall be construed to prevent such Mining Inspector from making full and complete statistical reports as required by law.

SEC. 4. It shall be the duty of the Inspector of Mines, at least once each year, to visit in person each mining county in the State of Idaho and examine all such mines therein as, in his judgment, may require examination for the purpose of determining the condition of such mines a to safety, and to collect information and statistics relative to mines an mining and the mineral resources of the State, and to collect, arrang and classify mineral and geological specimens found in this State and t forward the same to the State School of Mines.

SEC. 5. Said Inspector shall have full power and authority, at all reasonable hours, to enter and examine any and all mines in this State, and shall have the right to enter into any and all mine stopes, levels, winzes, tunnels, shafts, drifts, cross-cuts, workings and machinery for the purpose of such examination; and the owner, lessor, lessee, agent, manager or other person in charge of such mine or mines, shall render, the Inspector such assistance as may be required by the Inspector to enable him to make a full, thorough and complete examination of each and every part of such mine or mines, and whenever, as a result of the examination of any mine (whether such examination is made in consequence of a complaint, as hereinafter provided, or otherwise) the inspector shall find the same to be in an unsafe condition, he shall at once serve, or cause to be served, a written notice upon the owner, lessor, lessee, agent, manager or other person in charge of such mine, stating in detail in what particular or particulars the mine is dangerous or insecure, and shall require all neces

sary changes to be made, without delay, for the purpose of making said mine safe for the employees therein. Upon the neglect or refusal of any owner, lessor, lessee, agent, manager or other person in charge, so notified to comply with the requirements stated in such notice so served such owner, lessor, lessee, agent, manager or other person in charge, of such mine shall be deemed guilty of a misdemeanor, and is punishable by a fine of not more than five hundred dollars, and each day's continuance of such neglect or refusal shall be a separate offense, and in case of any criminal or civil proceeding at law against the party or parties so notified, on account of the loss of life, or bodily injury sustained by any employee subsequent to the service of such notice, and in consequence of a neglect or refusal to obey the Inspector's requirement, a certified copy of the notice served by the Inspector shall be prima facie evidence of the culpable negligence of the party or parties so notified.

SEC. 6. The Inspector of mines shall be provided with a properly furnished office, at the state house in Boise City, Idaho, in which he shall carefully keep a complete record of all mines examined, showing the date of examination, the condition in which the mines were found, the manner and method of working, the extent to which the laws are obeyed, and what recommendations, if any were, ordered by the Inspector.

It is hereby made the duty of the owner, lessor, lessee, agent, manager or other person in charge of each and every mine, of whatever kind or character, within the State to forward to the Inspector of Mines at his office, not later than the first day of June in each year, a detailed report showing the character of the mine, the number of men then employed and the estimated maximum number of men to be employed therein during the ensuing year, the method of working such mine and the general condition thereof, and such owner, lessor, lessee, agent, manager or other person in charge of any mine within the State, must furnish whatever information relative to such mine as the Inspector of Mines may, from time to time require for his guidance in the proper discharge of his official duties.

SEC. 7.

Whenever the Inspector of Mines shall receive a formal complaint in writing, signed by three or more person, setting forth that the mine in which they are employed is dangerous in any respect, he shall, in person, visit and examine such mine: Provided, Every such formal complaint shall in all cases specifically set forth the nature of the danger existing at the mine and shall describe with as much certainty as is possible, how much danger, apparent or real, renders such mine dangerous, and shall set forth the time when such danger was first observed, and shall distinctly set forth whether, or not, any notice of such defect or danger has been given by the complainants or any one else to their knowledge, to the superintendent or other person in charge of such mine, and if no such complaint has been made to such superintendent or other person in person in charge the reason why it has not been made: and Provided, further, That all complaints shall be duly verified by the parties complaining, before some officer authorized by law to administer oaths. After such complaint shall have been received by the Inspector of Mines, it shall be the duty of such Inspector to serve a certified copy thereof, but without the names of the complainants, upon the owner, lessor, lessee, agent, manager, or other person in charge, and, as soon as possible after receiving such complaint to visit and examine such mine, and if from such examination he shall find such complaint to be just, he shall give notice in writing of the danger ex

isting to the owner, lessor, lessee, agent, manager, or other person in charge thereof, and in such notice may, in his discretion, order such mine or workings in which such danger exists, closed until such danger has been removed. The names of complainants complaining as in this section provided, shall not, under any circumstances, be divulged to any person by said Inspector except such action be necessary in the administration of justice in the courts of the State.

SEC. 8. And it shall be the duty of the Inspector of Mines upon the neglect or refusal of any owner, lessor, lessee, agent, manager, or other person, in charge of any mine or working, notified of the unsafe or dangerous condition of his mine, promptly to comply with the requirements of the notice served upon him, to at once notify the Attorney General of such neglect or refusal, and the Attorney General, must thereupon immediately commence action in the name of the State against the party so notified for the recovery of the penalty mentioned in section 5, in any court of competent jurisdiction, and the amount so recovered shall be paid into the general school fund of the State and constitute a part thereof.

SEC. 9. With the consent and approval of the Governor, the Inspector of Mines may appoint such deputy inspectors as in his judgment may be necessary. Such deputy inspectors shall be allowed as full compensation for all services five dollars per day for each day actually engaged in the performance of their duties.

SEC. 10. Whenever a serious or fatal accident shall occur in any mine in the State of Idaho, it shall be the duty of the owner, lessor, lessee, agent, manager or other person in charge thereof, immediately and by the quickest means, to notify the Inspector of Mines or his deputy, as may be most convenient, of such accident; and upon receiving such notice the Inspector or his deputy, or both, shall at once repair to the place of the accident and investigate fully the cause of such accident; and the Inspector or his deputy shall be present at any coroner's inquest held over the remains of any person or persons killed in any such accident, and shall have power at such inquest to examine and cross-examine witnesses, and may have process to compel the attendance of necessary witnesses at such inquest. If the Inspector or deputy inspector cannot be immediately present in case of a fatal or serious accident occuring, it shall be the duty of the owner, lessor, lessee, agent, manager or other person in charge of the mine in which such accident has occurred, to have statements made and verified by those witnessing such accident; in case of no person being present at the time of the accident, then the statement of those first present thereafter shall be taken, which statement shall be verified, and such verified statements shall be placed in the hands of the Inspector or deputy inspector, upon the demand of such officer. Whenever any deputy inspector is present at any coroner's inquest and assists in the examination, he shall at the conclusion thereof at once prepare and forward to the Inspector a full and detailed report of the accident, giving all information obtainable regarding the same.

SEC. II. The duties of deputy inspectors shall only be such as are indicated in section 1o of this Act; that is, to attend and act either with or in place of the Inspector of Mines in cases of accident, at the scene of such accident, and at coroner's inquests, and to make reports.

SEC. 12. The Inspector of Mines shall on the first Monday of December of each year, file with the Governor of the State a printed report giving:

FIRST. A list of all accidents that have occurred during the year, the nature and cause of the same, together with the persons killed and injured;

SECOND. The number of mines visited, or examined during the year; the number of mines in operation; the number of mines idle; the number of men employed; the wages paid, and the nationality of employees; THIRD. The name and location of each mine in the State, which has been examined and from which the Inspector has received a report as provided in section 6 of this Act, and all data possible in regard to the manner of working the same; whether by shaft, tunnel, incline or otherwise; the condition of the hoisting machinery, boilers, whims, engines, cars, buckets, ropes and chains, used in the mines; also the appliances used for the extinguishing of fires; the manner and methods of working and timbering the shafts, drifts, inclines, stopes, winzes, tunnels and up-raises through which persons pass to and fro while engaged in their daily labor; the character of the exits from the mine, the methods of ventilation, and the system of signals used in the mine;

FOURTH. The number and character of notices served, together with suggestions and recommendations made; the manner in which such suggestions and recommendations were complied with;

FIFTH. The number of complaints received and actions therein; SIXTH. The number of prosecutions for neglect or refusal to comply with notices;

SEVENTH. A summary of the reports received from mine owners and deputy inspectors;

EIGHTH. A full statement containing all available statistical and other information calculated to exhibit the mineral resources of the State, and to promote the development of the same;

NINTH. Generally, such other information and suggestions as may be deemed advisable.

SEC. 13. At the next general election held in this State and biennially thereafter, the office of Inspector of Mines, mentioned in this Act shall be filled by election by the qualified electors of the State of Idaho as other State officers.

SEC. 14.

An emergency existing therefor this Act shall take effect and be in force from and after its passage.

Approved on the 14th day of February, 1899.

H. B. NO. 102.

AN ACT

PROVIDING FOR THE LIGHTING OF THE CITY OF LEWISTON, AND FOR THE LEVYING AND COLLECTING OF A TAX THEREFOR; AMENDING SECTIONS 6, 81, 82 AND 83, OF AN ACT TO AMEND THE CHARTER OF THE CITY OF LEWISTON, APPROVED FEB. 9, 1891.

Be it enacted by the Legislature of the State of Idaho:

SECTION I. That sections 6-81-82 and 83, of an act to amend the charter of the city of Lewiston approved February 9, 1881, be and are hereby amended to read as follows

Section 6. To provide for the lighting of the streets, public buildings. and grounds and for the erection or construction of such works as may be necessary or convenient therefor and to levy and collect a specia! tax for such purpose, not exceeding six mills on each one dollar of taxable property within the limits of the city.

Section 81. The council must thereafter order the city clerk to deliver said delinquent tax roll to the city attorney with a warrant thereon requiring said attorney to collect said taxes within 90 days after delinquent roll is delivered to him.

Section 82. The city attorney shall proceed to collect such taxes by notice and sale, according to the laws and regulations for collecting State and county taxes, together with interest and costs and ten per cent additional, for attorney's fees.

Section 83. The warrant given for such collection, together with the delinquent roll shall be published for three weeks in some newspaper of the city and thereafter shall have the force and effect of an execution which may be levied upon any property belonging to the person owing the tax.

SEC. 2.

An emergency existing this Act shall take effect and be in force from and after its passage.

Approved on the 14th day of February, 1899.

H. B. NO. 103.

AN ACT

TO ESTABLISH A STATE REFORM SCHOOL AT MOUNTAIN HOME, IN THE COUNTY OF ELMORE, AND TO CREATE A BOARD OF TRUSTEES FOR THE MANAGEMENT THEREOF.

Be it enacted by the Legislature of the State of Idaho:

SECTION I. That a State reform school for the State of Idaho is hereby established in the town of Mountain Home, County of Elmore, State of Idaho, to be called the State Reform School, the purpose of which shall the care and reformation of incorrigible youth, and the detention of juvenile offenders, against the law whom the court, before which the offenders are convicted, may deem susceptible of reformation; Provided, That the owners of College Park addition to the said town of Mountain Home, shall, prior, to the first day of May, 1893, donate to the Board of Trustee hereinafter named, as a site for the use of said school, ten acres of land within said town of Mountain Home, known and described as College Park addition to Mountain Home, and shall convey to the same by a good and perfect title, in fee simple, to said board of trustees, who are hereby authorized and empowered to receive and hold the same and the title thereto, in trust for the use and benefit of the said reform school.

SEC. 2. The said State Reform School shall be under the direction. of a Board of Trustees to be known as, "the Board of Trustees of the State Reform School." Their term of office shall commence on the first day of May, 1893, and, every alternate year thereafter. The said Board of Trustees shall be appointed by the Governor, and shall consist of six members. They shall at the first meeting determine their respective terms of office, which shall be two for two years, two for four years, and two for six years, and every two years thereafter their successors shall, as the term of office of the classes shall expire, be appointed for the term of six years, by the Governor of the State of Idaho, by and with the advice and consent of the Senate. Before entering upon the duties of his office, each of said trustees shall take and subscribe au oath or affirmation before some person duly authorized to administer the same, that he will support the Constitution of the United States and of the State of Idaho, and will faithfully and impartially discharge the duties of the office of