3254 ARTICLE 89

and in the absence of the mine foreman the superintendent shall designate
an assistant who shall perform the duties of the mine foreman. Such assis-
tants shall be liable to the same penalties as the mine foreman for any viola-
tion of this sub-title.

An. Code, 1924, sec. 66. 1922, ch. 307, sec. 65.

66. For the purpose of this sub-title the superintendent or mine fore-
man in direct charge of the operations of any mine shall be considered as
the agent of the operator thereof, and shall be held jointly responsible with
such operator for any failure to comply with this sub-title or regulations
pursuant thereto, governing operators or agents.

An. Code, 1924, sec. 67. 1922, ch. 307, sec. 66.

67. Such mine foreman or his assistants shall on each day the mine
works, enter plainly and sign in ink, in a book provided for the purpose,
a report of the condition of the mine and of their examination thereof
made on that day, including the following facts:

(a) Any danger or dangerous condition observed or reported, and what
steps have been taken to. remedy the same.

(b) Whether or not there is a proper supply of material on hand for the
safe working of the mine.

(c) Whether or not the requirements of this sub-title are complied with.

(d) If such mine is gaseous, a report of all air measurements within
such mine as herein elsewhere required to be taken.

(e) If such mine is not gaseous, a report once a week of all air measure-
ments within such mine as herein elsewhere required to be taken.

Such record shall be kept in the foreman's office at the mine for exam-
ination by the district mine inspector and by any person employed at such
mine.

The mine foreman shall also each day read carefully and countersign
with red ink all reports entered on the record book of the fire boss.

It shall be the duty of the mine foreman for the operator to report im-
mediately all violations of this sub-title to the district mine inspector;
and also to make an immediate report to such inspector and to the op-
erator of such mine upon the occurrence of any serious or fatal accident,
in such form and including such information as the Burean may prescribe.

An. Code, 1924, sec. 68. 1922, ch. 307, sec. 67.

68. If the mine foreman or an assistant mine foreman shall violate any
provision of this sub-title, or by neglect or from any other cause become
incapacitated for the proper discharge of his duties, the district mine
inspector shall after satisfying himself by investigation, prefer charges
before the Examining Board, and take such additional steps as the nature
of the case may require; and whenever any mine official or employee or
other person shall solicit or receive any sum of money or other considera-
tion from any person for the purpose of procuring employment for any
person, or continuing in the same, or for the purpose of procuring any
favor, promotion, advantage or facility in employment in or about such
mine, such mine official, employee or other person shall be deemed guilty
of a misdemeanor.