Mining Laws of Ohio

1921

COMPILED BY

THE DEPARTMENT OF INDUSTRIAL RELATIONS

Columbus, Ohio
THE F.J. HEER PRINTING CO.
1921
Bound at the State Bindery

The Department of Industrial Relations.

The act of the Eighty-fourth General Assembly, known as House Bill two hundred forty-nine, found in 109 Ohio Laws at page 105, became effective on July 1, 1921.

This law provides for the reorganization of the executive department of the state government and is an administrative code centralizing related executive functions and activities for better administrative care and control.

All duties, rights, liabilities, authority and privileges relating to MINES and MINING, formerly had and exercised under the law by THE INDUSTRIAL COMMISSION OF OHIO, was, by the above mentioned law, conferred upon and imposed in THE DEPARTMENT OF INDUSTRIAL RELATIONS to be administered by the Director of Industrial Relations.

This pamphlet contains all the provisions of the General Code of Ohio directly relating to MINES and MINING, their operation, control and management, put into convenient form for the information and guidance of employers, employes and the general public, for whose benefit and observance they have been enacted.

In any section of the law herein given where the phrase "Industrial Commission" or "The Industrial Commission of Ohio," or "Chief Inspector of Mines" is found, the phrase "The Department of Industrial Relations" is to be read, because such department has, by the law first above mentioned, been given the powers and duties before had by such commission.

All the statutes printed in this pamphlet are in full force and effect.

The Department of Industrial Relations,

WILLIAM ROBINETT,
Chief, Division of Mines.

Where there is more than one section relating to the same subject matter, the additional section references have been placed at the end of these sections in parenthesis.

Mining Laws of Ohio

The rescue car with its equipment shall be continuously in charge of one person who shall be appointed by the chief inspector of mines, with the approval of the governor, and who shall receive a salary of twelve hundred dollars per annum, together with all necessary expenses incurred in the discharge of his duties.

The person in charge of said rescue car shall, before entering upon the discharge of the duties connected therewith, give a bond to the state in the sum of two thousand dollars with two or more sureties approved by the governor conditioned for the faithful discharge of the duties of his office. Such bond with the approval of the governor and the oath of office endorsed thereon shall be deposited with the secretary of state and kept in his office.

(103 O.L. 467.)

Five Rescue Stations to be Provided and Maintained; Equipment of Same.

Location of Stations; Superintendent; Salary.

Such rescue stations shall be centrally located within the coal producing counties, so as to cover the largest number of mines within the shortest period of time, and each rescue station shall be continually in charge of a superintendent who shall be appointed by the industrial commission of Ohio with the approval of the governor, who shall receive a salary in a sum equal to that provided for district inspectors of mines, together with all necessary expenses incurred in the discharge of his duties.

Qualifications of Superintendent.

The qualifications of superintendents of rescue stations shall be the same as that of district inspector of mines, namely, that no person shall be appointed superintendent of rescue stations unless he has been a resident of the district for which he is appointed for at least two years, has had at least five years' actual practical experience in mining in this state, has a practical knowledge of the best methods of working and ventilating mines of the nature and properties of noxious and poisonous gases, particularly fire damp, of the best means of detecting the presence of and preventing accumulation of such gases and the best means of removing the same, and has a practical knowledge of the uses and dangers of electricity as applied at, in and around mines.

Duties of Superintendent.

Each superintendent of rescue station shall devote his entire time to the duties of his office, and shall at all times keep the equipment of such station in constant state of repair and be ready to meet any emergency that may arise at any mine at any time, either day or night. He shall teach and train first aid and rescue crews in the use of first aid and rescue equipment and shall be required to keep his station at all times in a clean and sanitary condition, and subject to such rules and regulations as the industrial commission of Ohio may from time to time establish.

(108 O.L. 1278.)

[Complaint against chief inspector, how made; appeal.] When written charges of neglect of duty, incompetency or malfeasance in office against the chief inspector of mines, are made and filed with the governor, signed by not less than fifteen employes, or the owner, lessee or agent of a mine, or if not less than fifteen employes, or the owner, lessee or agent of a mine, having filed charges against a district inspector of mines with the chief inspector of mines, are dissatisfied with the result of the investigation made by him, and appealed to the governor by filing the same charges against such district inspector of mines with the governor, he shall make, or cause to be made, an investigation of such charges, and advise in writing, addressed to the complainant whose name appears first in the charges, the result of such investigation.

[Duties of board.] When so convened, and being duly sworn truly to try and decide upon the charges made, the board of examiners shall summon any witnesses desired by either party, and examine them, on oath, administered by a member of the board. Depositions may be read on such examination as in other cases. The board shall examine fully into the truth of such charges and report the result of its investigation to the governor; and, according to its finding, award the costs and expenses of such investigation against the inspector or the persons signing the bond. The costs and expenses of such investigation shall include a compensation of five dollars per day for each member of the board, for the time occupied in the trial, and in traveling to and from his home, together with all legitimate expenses which shall be paid from the state treasury on the certificate of the president of such board. The attorney general shall proceed to collect such costs and expenses, and pay them into the state treasury.

[Emergency appliances.] When the only means of egress is by vertical shaft, in which cages or elevators are used as a means of hoisting persons therein employed, and the power for operating same is derived from but one source, the owner, lessee or agent shall provide and keep on hand for use in the event of an accident to the hoisting apparatus or the power by which same is operated, a suitable windlass, capable of hoisting the persons from the mine.

SIGNAL CODE.

From the Bottom to the Top.

[One ring or whistle.] One ring or whistle from the bottom to the top shall signify to hoist coal or the empty cage, and also to stop either when in motion.

[Two rings or whistles.] Two rings or whistles shall signify to lower cage.

[Three rings or whistles.] Three rings or whistles shall signify that men are coming up; when return signal is received from the engineer, men will get on the cage, and cager shall ring or whistle one to start.

[Four rings or whistles.] Four rings or whistles shall signify to hoist slowly, implying danger.

[Five rings or whistles.] Five rings or whistles shall signify accident in the mine and a call for a stretcher.

From the Top to the Bottom.

[One ring or whistle.] One ring or whistle from the top to the bottom shall signify: All ready, get on cage.

[Two rings or whistles.] Two rings or whistles shall signify: Send away empty cage.

[Addition to code, when allowed; code must be posted at top and bottom.] Provided, that the management of any mine, may, with the consent of the district inspector of mines, add to this code of signals in his discretion, for the purpose of increasing its efficiency, or of promoting the safety of the men in said mine, but whatever code may be established and in use at any mine must be furnished by the mining department, conspicuously posted at the top and at the bottom and in the engine room, for the information and instruction of all persons concerned.

[Trolley wires.] All trolley wires shall be carried at least six inches outside of and parallel with the track rail on the side the trolley wire is located. When regular height is less than six feet six inches from top of rail, the lower side of trolley wire must not exceed six inches from the roof or cross-timber with hangers now in use, with hangers not to exceed twenty-five feet between centers, and the tension sufficient to keep all wires from sagging and to prevent trolley wheel from coming in contact with roof or cross-timbers. All new hangers hereafter installed shall not exceed five inches in depth from lower side of the trolley wire to the roof or cross-timbers.

[Wires crossing traveling ways.] All trolley and positive feed wires crossing places where persons or animals are required to travel, shall be safely guarded or protected from such persons or animals coming in contact therewith.

[Wires opposite rooms and refuge holes.] All trolley and positive feed wires shall be placed on opposite side of track from refuge holes or necks of rooms.

[Bare wires; when not to extend into working places.] No trolley wire shall be extended into or maintained in any room while being used as a working place; no trolley or feed wire shall be extended into any entry beyond the outside corner of the last breakthrough.

[Switches and circuit-breakers.] Switches or circuit-breakers shall be provided to control the current at the mine, and at all important points in the mine.

[Machine feed wires and insulators.] All machine feed wires shall be placed as near the rib and roof or cross-timbers as practicable; the positive wire to be carried not to exceed three inches from the rib and roof or cross-timbers, measured at the insulators, which shall be so placed as to keep the wire at least six inches outside of the track rail on the side the wire is located. Insulators shall be placed not exceeding fifty feet apart, and all wires shall be carried so that same will be not less than six inches outside of the track rail at any point on the side the wire is located. All positive wires shall be carried on glass or porcelain insulators, or insulators equally efficient. All negative wires shall be carried on suitable fixtures, and when carried in same entry as the positive wire, shall be carried on the same side of the entry as the positive wire, and as close to it as practicable. When machine or feed wires are carried in same entry as trolley wire, they shall be placed on the same side as the trolley wire, between trolley wire and rib. Nothing in the foregoing shall require negative wires being carried in same entry with positive wire.

[Wires in shafts or slopes.] When necessary to carry wires down shafts or slopes used as travelways, the wires must be thoroughly cased or protected, so that persons cannot be shocked therefrom.

[Wires; how placed in rooms.] Positive machine feed wires, when extended into rooms, shall be placed not nearer than four feet of the track, where the room is of sufficient width, and the same shall only be connected to the positive wire or wires on the entry while in actual use. The material used for making such connection shall be of sufficient length to reach across the entry, and when same is disconnected, it shall be kept with the machine operating at such point or working place. No electric wires shall be extended into any room unless a one hundred and fifty foot cable will not reach the face of the room, and then not beyond the outside corner of the last breakthrough.

[Protection of terminal ends.] All terminal ends of positive wires shall be guarded so as to prevent persons inadvertently coming in contact therewith.

[Connection of negative wires, pipe lines and track. Bonding of track.] The bonded track, the negative wires and metallic pipe lines, when coming near each other, may be connected together at intervals not exceeding five hundred feet, and any track used as the return or earth system shall be properly bonded. In no case shall a pipe line, or any part thereof, be used exclusively as the return, and when connected to the earth system, the negative wire or bonded track shall be of ample capacity, exclusive of the pipe line, to carry the current.

[Trolley wires; how erected.] The trolley wire shall be carried upon hangers or other fixtures which will properly insulate it from contact with the roof or other substances, and so the trolley wheel can trail without the necessity of being constantly attended for that purpose, and no trolley shall be run on any wire not so carried.

[Locomotive must not be operated improperly.] No locomotive shall be operated by means of a person holding and sliding upon or frequently making contact with the positive wire with any device attached to the cable as a substitute for a trolley, but these provisions shall not prohibit the operation of a locomotive by means of a cable without the use of the trolley, provided the cable be connected to and disconnected from the positive wire when the locomotive is not in motion.

[Limit to voltage in or about working places.] At each mine equipped with electric power after the passage and approval of this act, the current used to operate gathering locomotives, mining machines, shearing machines, drills and other machinery, used in or about the working places of the mine, shall not exceed in pressure or potential, three hundred and twenty-five volts, direct current, as shown at the nearest switchboard, and the wires conducting the power from the nearest switchboard shall not carry a higher pressure or potential.

[Relating to alternating current.] At each mine equipped with electric power alternating current may be used to convert alternating current to direct current, and to operate motors permanently installed above ground and in underground substations, or buildings especially prepared for them, in a manner subject to the approval of the chief and district mine inspectors, but no wires carrying alternating current shall be used underground except same be carried in an entry or passageway where persons and animals are not permitted to travel.

[Relating to higher voltage mines hereafter equipped.] At each mine equipped with electric power after the passage and approval of this act, when the current used to operate haulage locomotives, pumps and other machinery not located in or about the working places of the mine, is of a pressure or potential in excess of three hundred and twenty-five volts, direct current, the entry or passage way where such wires are carried shall not be designated or permitted to be used as the principal traveling way, and when designated or used as the escapement way, the wires shall be protected so that persons required to travel near same in emergencies will not inadvertently come in contact therewith. No pressure in excess of six hundred and fifty volts at the switchboard shall be used underground.

They shall not run the locomotive with the trolley ahead of the locomotive, except in cases where they cannot do otherwise, and then only at a speed of two miles per hour.

They shall warn persons forbidden to ride on the locomotive or cars, and shall not permit such persons to ride on locomotive or cars contrary to the provisions of this act.

[Duties of trip-rider, rope haulage.] The trip-rider in charge of rope haulage trips shall see that the signal light, as provided for in this act, is in place and in proper condition before starting trip.

[Drivers.] Drivers shall use care in handling cars, especially going down extreme grades, and at junction points.

[Explosives kept in boxes.] Every person who has powder or other explosives in a mine shall keep same in a wooden box, or boxes, securely locked, and said boxes shall be kept at least five feet from the track, and no two powder boxes shall be kept within twenty-five feet of each other, nor shall blasting powder and high explosives be kept in the same box, and in no case shall detonating caps be kept in a box with blasting powder or high explosives.

[Fire must be kept from explosives.] Whenever a workman is about to open a box, package or keg containing powder or other explosives, and while handling the same, he shall place and keep his lamp at least five feet distant from said explosives, and in such position that the air current cannot convey sparks to it; and no person shall approach nearer than five feet to any open box, keg or package containing powder or other explosives, or within five feet of another person handling such explosives, with a lighted lamp, lighted pipe, or other thing containing fire.

[Conveying of explosives.] Blasting powder or explosives must not be taken into or out of a mine, or moved from place to place in a mine along any entry or haulway where there are electric wires, while the power is on such wires, except when such powder or explosive is conveyed in insulated cars or packages.

When a squib is used and a shot misses fire, no person shall return until five minutes shall have elapsed.

When a fuse is used and a shot misses fire, no person shall return until one hour for each foot of fuse used shall have elapsed.

The needle used in preparing a blast shall be made of copper, and the tamping bar shall be made of wood, or shall be tipped with at least five inches of solid copper.

[Transportation of surveying party.] When the affidavit has been made, and notice given, as provided in the foregoing, upon the application of the person giving the notice, the person in charge of such mine shall transport, by the ordinary method for entrance and exit in use at such mine, a surveying party of not more than three persons, furnish them a competent guide, and supply them with necessary and proper lamps. The person in charge of the mine shall be paid by the person requesting the survey, fifty cents for each person so transported, and five dollars per day for guide; but, if the shaft, (if such mine be a shaft mine), exceed two hundred and fifty feet in depth, he shall be paid one dollar for each person so transported.

[Liability for damages caused by examination.] If the owner or lessee of such mine sustain damage for which compensation should be made because such examination or survey was made at unreasonable times, or in an improper or unwarrantable manner, the person making, such examination or survey, or causing it to be made, shall be liable therefor to such owner or lessee.

[Forfeiture.] The persons owning or operating a mine shall not hinder or obstruct such examination or survey, if made at a reasonable time, and in a reasonable manner, and as provided by law.

[To whom provisions concerning examination and survey available.] The preceding provisions for examination and survey shall be available to any person, who, on his oath, states that he is the owner, or authorized agent of an owner, of land which he believes contains coal or commercial products adjacent to the underground working of a mine, although it does not adjoin the property of such mine.

[Action for refusal to permit examination.] Upon the refusal of the owner, lessee or agent of a mine to comply with the provisions of this section, the person who makes the application for the survey may recover judgment as upon default, in a court of competent jurisdiction, against the owner, lessee or agent, in such sum as he declares under oath that he believes to be justly due him for coal belonging to him taken by the owner, lessee or agent of the mine without his permission, and the statute of limitations shall not run against such claim, but the demand, and refusal of permission to enter such mine, must be first proven to the satisfaction of the court or jury.

[Checkweighman for landowners.] The landowners, or other persons interested in the rental or royalty at such mine, may, at their own cost, designate or appoint a competent person to act as checkweighman for them, who shall have the same rights as the checkweighman for the miners. Not more than one person, however, on behalf of the landowners, or other persons interested in the rental or royalty, jointly, shall have such right at the same time. Checkweighmen shall not interfere with the use of or tamper with such scales, machinery or apparatus, nor make any false entry of any weight, or in any manner exceed the duties prescribed herein.

Each person who performs labor in opening or developing any coal mine, mining coal, and labor connected therewith, shall have a lien upon all the property of the person, firm or corporation owning, constructing or operating such mine, for the value of such labor for the full amount thereof, upon the same terms, as mechanic's liens are secured and enforced. (103 O. Laws 67.)

Said map shall show the name and address of the person, firm or corporation owning said well or wells, the county and township, the names of the adjoining property owners, and lines of the property operated with the distances of the wells properly measured therefrom and checked from the section and quarter section lines, as will be necessary for an accurate survey. The map shall show all the engineer's notations of angles, distances, starting point, or corner stones, together with the numbers given the respective wells, giving a legend as to the manner in which various abandoned or producing wells, are designated. The original map shall be retained by the owner or his agent, and one copy filed with the industrial commission of Ohio, division of mines, said copy showing thereon the sworn statement of the engineer making the map that same is correct.

Well shall not be near mine opening.

No oil well, gas well or test well shall be drilled nearer than three hundred feet to any opening to a mine used as a means of ingress or egress for persons employed therein, nor nearer than one hundred feet to any building or inflammable structure connected therewith, and actually used as a part of the operating equipment of said mine.

Persons drilling oil and gas wells in coal bearing or coal producing townships.

Any person, firm or corporation before drilling or causing to be drilled any oil well, gas well or test well within the limits of any coal producing township in any county of the state of Ohio, shall first file an application with, the industrial commission of Ohio, division of mines, on blanks to be furnished by said commission for such purpose, and shall show the following: The name and address of the applicant, the proper date, location of the proposed well—giving the name of the property owner, section number, township and county, the number of the proposed well, and signed by an officer or agent of such operator. No well shall be commenced until the applicant or operator has been granted a permit, which shall be granted by the industrial commission of Ohio, division of mines, under the following conditions:

When well is adjacent to mine.

If such proposed well is located within the limits directly adjacent to mining operations, such limits to be determined by the industrial commission of Ohio, division of mines, the application for permit must be accompanied by a map showing the location of the proposed well and answering the requirements in the preceding regulations for mapping.

When well is not adjacent to mine.

If such proposed well is not located within the limits directly adjacent to mining operations, but within the limits of any coal producing or coal bearing township, the industrial commission of Ohio, division of mines, shall grant a permit immediately upon receipt of the application, providing the applicant is a responsible person, firm or corporation. The industrial commission of Ohio, division of mines, may at any time after the well is commenced, if the responsibility of the applicant or operator is considered doubtful, cause such operator or applicant to show proper guaranty of his intention to fulfill the requirements of the section, or cause all operations to cease forthwith. If any person, firm or corporation continue drilling on property already surveyed in accordance with the preceding requirements, a complete blue print or copy of map shall be made at the end of each year ending June 30th, showing the additional wells properly surveyed by a competent engineer as above mentioned, and filed with the industrial commission of Ohio, division of mines, not later than the following first of September.

When well is to be abandoned owner shall give notice.

When any oil well, gas well or test well is to be abandoned, the person, firm or corporation owning such well shall notify the industrial commission of Ohio, division of mines, or the deputy oil and gas well inspector of the district in which the well is located, as many days in advance as will be necessary for the inspector to arrange to be present at such abandonment. No well shall be abandoned without an inspector being present, unless permission has been first granted upon good cause shown, by the industrial commission of Ohio, division of mines.

Method of plugging well.

When any oil well, gas well or test well is to be abandoned, it must first be plugged in some secure manner above the oil or gas sand or rock formation, either by placing or driving one or more good seasoned wooden plugs, or a lead plug, as the case may require, so that no gas or oil may escape, or any water or destructive matter force itself into the oil or gas sand, or rock formation. Upon such seasoned wooden plug or plugging material shall be filled at least thirty feet of cement properly mixed with sand, or thirty feet of good clay or rock sediment properly prepared.

If any well has passed through a workable vein or seam of coal, it shall when it is abandoned be plugged in the following manner: A seasoned wooden plug shall be driven to a point thirty feet below the lowest workable seam of coal and the hole filled with cement to a point at least twenty feet above this seam of coal, at which point another wooden plug shall be placed and the hole filled for a distance of twenty feet with cement or properly prepared clay, or rock sediment. If there is more than one seam of coal the next seam above must be plugged off in like manner.

When well penetrates the excavations of any mine.

In the event that a well being drilled penetrates the excavations of any mine, it must be cased with casing of approximately the same diameter as the diameter of the hole, the hole to be drilled thirty feet or to solid slate or rock and not less than ten feet below the floor of such mine, and the casing shall be placed in the following manner: One string of casing shall be placed at a point above the roof of said mine so as to shut off all of the surface water; then the hole drilled through said mine and another string of casing put in. The bottom of the second string of casing, or the one passing through said mine, shall not be nearer than ten feet, or more than thirty feet from the floor of the mine where it passes through the same.

When any well which has been drilled is to be abandoned and has passed through the excavations of any coal mine from which the minable coal has not all been removed, the person, firm or corporation owning said well shall leave in said well the casing passing through said mine from a point not less than ten feet, nor more than thirty feet below the floor of said mine, and extending above the roof of said mine at least five feet. A seasoned wooden plug shall be driven to a point at least forty feet below the floor of the mine and the hole above said plug together with the casing left in, which extends through the coal, shall be filled with cement; then a seasoned wooden plug shall be driven on the top of said casing, and the hole filled with cement for a distance of not less than twenty feet.

Interpretation—"coal bearing and coal producing township."

A coal bearing or coal producing township of any county shall be interpreted to mean any, township as a unit, in which coal is found that, is being mined, or is of such thickness as to make it likely to be mined at some future time. Any well drilled in such township, whether or not it passes through any coal, the same being barren in certain sections of such township, or the well being commenced below the line of outcrop of the coal, will nevertheless be required to be mapped and abandoned in accordance with the regulations and provisions of this section as given above, which shall apply uniformly throughout any coal bearing or coal producing township of any county.

Acetylene gas in mines.

Other illuminants.

[Adulteration of illuminating oil forbidden.] No person shall adulterate any oil either before or after taking same from the original containers, and shall not alter, transfer, or re-use any label placed upon any container.

[Persons forbidden to use oil other than prescribed in this act.] No person shall use for illuminating purposes in any coal mine, any oil other than the oil specifically provided for in this act. Each person, while in a coal mine, shall, upon request of any district inspector of mines, or any officer or duly authorized agent of the owner or lessee, submit his lamp and supply of oil for examination, and upon request, give sample of oil for purpose of making test thereof, and state from whom purchased.

Owner, lessee or agent.

Permit must be obtained.

Each section declared to be independent section.

Department of Industrial Relations to determine percentage of impurity.

Percentage of fine coal.

Department of Industrial Relations may change percentage.

Unlawful to use screen.

Loading impurity; penalty.

1. Adulteration or deception in the sale of dairy products and other food, drink, drugs and medicines.

2. The prevention of cruelty to animals and children.

3. The abandonment, non-support or ill treatment of a child by its parent.

4. The abandonment or ill treatment of a child under sixteen years of age by its guardian.

5. The employment of a child under fourteen years of age in public exhibitions or vocations injurious to health, life or morals, or which cause or permit it to suffer unnecessary physical or mental pain.

6. The regulation, restriction or prohibition of the employment of minors.

7. The torturing, unlawfully punishing, ill treating, or depriving anyone of necessary food, clothing or shelter.

15. The prevention of short weighing and measuring and all violations of the weights and measures laws.

(1080 O.L., 41.)

Sixteen years: age limit for following industries.

Employer to furnish satisfactory evidence of age.

Failure to produce satisfactory evidence of age.

Any such age and schooling certificate may be issued only upon satisfactory proof that the employment contemplated by the child is not prohibited by any law regulating the employment of such children; and when the employer of any minor for whom such age and schooling certificate shall have been issued shall keep such age and schooling certificate on file as provided by law, the provisions of section 6245-2, General Code, shall not apply to such employer in respect to such child while engaged in an employment legal for a child of the given sex and of the age stated therein.

Age and schooling certificate forms shall be formulated by the superintendent of public instruction, and except in cases otherwise specified by law must be printed on white paper. Every such certificate must be signed in the presence of the officer issuing it by the child in whose name it is issued. Blank certificates shall be furnished by the superintendent of public instruction upon request.

(1) The written pledge or promise of the person, partnership or corporation to legally employ the child, to permit him to attend school as provided in section 7767, General Code, and to return to the superintendent of schools the age and schooling certificate of the child or give notice of the non-use thereof within two days from the date of the child's withdrawal or dismissal from the service of that person, partnership or corporation, giving the reasons for such withdrawal or dismissal.

(2) The school record of the child, properly filled out and signed by the person in charge of the school which the child last attended; giving the recorded age of the child, his address, standing in studies, rating in conduct, and attendance in days during the school year of his last attendance, and if that was not a full year, during the preceding school year.

(3) Evidence of the age of the child as follows:

(a) The birth certificate of the child (or duly attested transcript thereof) issued near the date of the birth of the child by the registrar of vital statistics of Ohio, or by a similar officer charged with the duty of recording births in another state or country, shall be conclusive evidence of the age of the child.

(b) In the absence of such certificate, a passport (or duly attested transcript thereof) showing the date and place of birth of the child, filed with a register of passports at a port of entry of the United States; or a duly attested transcript of the certificate of birth or baptism or other religious record, showing the date and place of birth of the child, shall be conclusive evidence of the age of the child.

(c) In case no one of the above proofs of age can be produced, other documentary evidence (except the affidavit of the parent, guardian or custodian) satisfactory to the superintendent of schools may be accepted in lieu thereof.

(d) In case no documentary proof of age can be procured, the superintendent may receive and file an application signed by the parent, guardian or custodian of the child that a physician's certificate be secured to establish the sufficiency of the age of the child. Such application shall state the alleged age of the child, the place and date of birth, his present residence, and such further facts as may be of assistance in determining the age of the child, and shall certify that the person signing the application is unable to obtain any of the documentary proofs specified in (a), (b) and (c) above.

(A) Facts to be proved:

That the child is addicted to no habit which is likely to detract from his reliability or effectiveness as a worker, or proper use of his earnings or leisure, or the probability of his faithfully carrying out the conditions to which he agrees as specified in (B) below, and in addition any one of the following groups of facts—

(1) That the child has been a resident of the school district for the last two or more years, has diligently attended upon instruction at school for the last two years or more, and is able to read, write and perform the fundamental operations of arithmetic. These abilities shall be judged by the juvenile examiner or if there be none, by the superintendent of schools.

(2) That the child having been a resident of the school district less than two years, diligently attended upon instruction in school in the district or districts in which the child was a resident next preceding his residence in the present district for the last school year preceding his removal to the present district, and has diligently attended upon instruction in the schools of the present school district for the period that he has been a resident thereof.

(3) That the child has removed to the present school district since the beginning of the last annual school session, and that instruction adapted to his needs is not provided in the regular day schools in the school district.

(4) That the child is not sufficiently familiar with the English language to be properly instructed in the full-time day schools of the district.

(5) That the child is needed for the support or care of a parent or parents or for the support or care of brothers or sisters for whom the parents are unable to provide and that the child is desirous of working for the support or care of such parents or siblings and that such child cannot render such needed support or care by a reasonable effort outside of school hours. But no age and schooling certificate shall be granted to a child upon proof of the facts in the preceding sentence without written consent given to the superintendent of schools by the judge of the juvenile court and by the board of state charities.

(B) Conditions to be agreed to:—

(1) In case the certificate is granted under facts (1), (2), (3) or (5) above, that until reaching the age of eighteen years the child will diligently attend in addition to part-time classes, such evening classes as will add to his education for literacy, citizenship or vocational preparation which may be made available to him in the school district and which he may be directed to attend by the superintendent of schools, or in case no such classes are available, that he will pursue such reading and study and report monthly thereon as may be directed by the superintendent of schools.

All powers vested in and duties imposed upon the lieutenant governor, the secretary of state, the auditor of state, the treasurer of state and the attorney general by the constitution and the laws shall continue except as otherwise provided by this chapter.

The department of industrial relations, which shall be administered by the director of industrial relations, hereby created;

The director of each department shall, subject to the provisions of this chapter, exercise the powers and perform the duties vested by law in such department.

In the Department of Industrial Relations
Chiefs of divisions as follows:
Factory inspection
Labor statistics
Mines

Each department shall provide for the keeping, within such department, of such records and journals as may be necessary to exhibit its official actions and proceedings.

Each employe in the several departments shall be entitled during each calendar year to fourteen days leave of absence with full pay. In special and meritorious cases where to limit the annual leave to fourteen days in any one calendar year would work peculiar hardship, it may, in the discretion of the of the department, be extended. No employe in the several departments, employed at a fixed compensation, shall be paid for any extra services, unless expressly authorized by law.

Department of Industrial Relations.

Those powers and duties of the commission which it exercises as successor of the state liability board of awards, the state board of arbitration, the board of boiler rules, and in the investigation, ascertainment and determination of standards, devices, safeguards, and means of protection, being all powers and duties mentioned in paragraphs 3 to 8, both inclusive, of section 871-22 of the General Code, sections 871-23, 871-26, 871-27, 871-28, 871-30, 871-32, 871-33, 871-34 and 871-35, sections 1058-8 to 1058-12, both inclusive, 1058-16, 1063 to 1077, both inclusive, and sections 1465-37 to 1465-108, both inclusive, of the General Code, and the powers of the commission as successor of the board of boiler rules under section 1058-18 of the General Code, which shall continue to be exercised and performed by the industrial commission of Ohio in the manner provided by law for the exercise of such powers and the performance of such duties.

The industrial commission of Ohio shall be a part of the department of industrial relations for administrative purposes in the following respects: The director of industrial relations shall be ex-officio the secretary of said commission, shall succeed to and perform all of the duties of the secretary of said commission, and shall exercise all powers of said secretary as provided by law; but such director may designate any employe of the department as acting secretary to perform the duties and exercise the powers of secretary of the commission. All clerical, inspection and other agencies for the execution of the powers and duties vested in the said industrial commission shall be deemed to be in the department of industrial relations, and the employes thereof shall be deemed to be employes of said department and shall have and exercise all authority vested by law in the employes of such commission. But the industrial commission of Ohio shall have direct supervision and control over, and power of appointment and removal of, such employes whose position shall be designated by the governor as fully subject to the authority of such commission.

The commission may appoint advisers, who shall without compensation assist the commission in the execution of the powers and duties retained by it under this section.

Department of Industrial Relations:
Director of industrial relations, six thousand five hundred dollars.
Chief of division of factory inspection, three thousand six hundred dollars.
Chief of division of labor statistics, three thousand dollars.
Chief of division of mines, three thousand six hundred ollars.

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