necessary for the immediate preservation of the public peace, health
and safety. The reasons for such necessity lie in facts, which
two-thirds of all the members elected to each branch of the general
assembly have considered, found and determined and which are
separately set forth herein, as follows:
The eighty-third general assembly created a joint legislative
committee to "investigate all of the * * * offices which have been
created by the general assembly * * * with a view of * * * combining
and centralizing the duties of the various departments, eliminating
such as are useless and securing for the state of Ohio such a
reorganization of its governmental activities as will promote
greater efficiency and greater economy therein." Said committee made
exhaustive investigations and published numerous reports, declaring
the necessity of reorganizing fundamentally the executive branch of
the state government in order to promote efficiency and conserve the
public funds. Upon the organization of the eighty-fourth general
assembly, special committees were appointed in each house thereof to
consider the recommendations of the former joint committee. The
governor, in his message to the general assembly, recommended action
along the general lines indicated by the former committee's report.
Wide publicity has been given to various projected plans of
reorganization.
According to the annual reports of the auditor of state, the
balances subject to draft in the general revenue fund of the state,
from which many of the activities of the state government are
supported, had shrunk from more than two million dollars on June
30th, 1919, to less than one million dollars on June 30th, 1920,
(all of which, and more, was covered by unlapsed appropriations for
the preceding fiscal year), clearly indicating the immediate
necessity either for increasing the revenues of the state, or for
effecting such a reorganization of the state administration as would
tend to conserve the present revenues. General economic conditions
make increased taxes highly undesirable at the present time.
At the convening of the eighty-fourth general assembly numerous
vacancies existed in various state offices and in various state
boards, and other like vacancies have occurred since that time. By
reason of the known probability of a reorganization such as is
embodied in this act, persons appointed to fill such vacancies have
uncertain tenure and are thereby deterred from initiating and
carrying through definite administrative policies; and in several
instances such appointments have been accepted temporarily only,
pending early reorganization.
As a result of all the foregoing, the state service in the
appointive state departments, shown by said investigations to be
wasteful and inefficient, is becoming increasingly demoralized. All
of these departments exercise functions pertaining to the protection
of the public health, the conservation of the public peace and
morals, or the promotion of the public safety. The necessity of
placing their functions upon a sound, economical, permanent and
secure basis is great and immediate.
The appropriations for the current expenses of the state government
and institutions which must be made by the eighty-fourth general
assembly for the fiscal biennium beginning July 1st, 1921, cannot be
effectually apportioned nor their amounts fixed unless the
reorganization effected by this act is operative during the period
to be covered by such appropriations, so that the departments and
offices of the state government are definitely determined; and such
determination must be made and the framework of the executive branch
of the state government must be definitely established and known at
the time the general assembly is considering such appropriations.
Therefore, this act shall go into immediate effect.
Passed April 19, 1921.
Approved April 26, 1921.
RUPERT BEETHAM,
_Speaker of the House of Representatives_.
CLARENCE J. BROWN,
_President of the Senate_.
HARRY L. DAVIS, _Governor_.
Filed in office of Secretary of State, April 26, 1921.
(109 O.L., 105.)
=INDEX.=
INDEX SECTIONS.
=A.=
Abandoned mines--precautions when
approaching 938
Accidents--
fatal--duty of inspectors 907
fatal--notice to chief inspector and
coroner 940
fatal--coroner's duty 921
superintendent's duty 951
provisions for persons injured 934
action in case of 972
Access to mines by inspectors 912
Acetylene gas in mines 974-1
Penalty of 974-3
Action for non-compliance with Statutes 916
Act shall not create new office, etc. 920
Additional openings 950
Airway obstruction 960
Alternating current 948
Annual report of owner, lessee or agent
to chief inspector 940
Appliances--Safe 927-928
Appointments--
chief inspector and qualifications 899
district inspectors and qualifications 900-901
Appropriation of land 968
Assistant mine-foreman--
duties of 952, 953, 959
penalty for non-compliance 976
Attendant--Rescue car 915
Automatic doors 923, 943, 958
=B.=
Blasting 956
Blasting powder 962-963
Boilers--location of 944
Bonds--
weighmaster 966
Board of examiners 919
Breakthroughs 926
Brattices 926
=C.=
Cages--
Safe appliances 927
protection of, etc. 928
lowering and hoisting, No. persons,
etc. 929, 959
Caution board 959
Checkweighmen--
duties of 970
penalty for non-compliance 976
Check-measurer--
duties of 970
penalty for non-compliance 976
Child labor 13001, 13002,
13007-1-2, 7766
Circuit breakers 947
Closing of doors 923, 943, 958
Committee of miners--
Report of 906-967
Code of signals 942
Conveying of explosives 962
Construction of new mines 949
Copper tools 963
Coroner--
duties of 921
penalty for non-compliance 976
Coal dust--
duty of owner, lessee or agent 944
duty of miner 956
Combustible matter--removal of 944, 956
Complaint against chief and district
inspectors 918-919
Crossing public highway 971
Controversy or disagreement between
district inspector and owner, lessee or
agent 910
=D.=
Damages caused by examination 969
Dangerous places fenced--
duty of owner, lessee or agent 925
duty of superintendent and mine-foreman 952
duty of miner 956
Danger signal 925, 959
Defraud--intent to 960
Department of Industrial Relations 154-1
Detaching locomotive--traveling ways 932
Disagreement between district inspector
and owner, lessee or agent 910
District inspectors--
duties of 909
District inspectors as sealers of weights
and measures 910
Discretionary power of mining department 911
Doors 923, 943, 958
Drivers 958
Dust and fine coal--
duties of owner, lessee or agent 944
duty of miner 956
Duties of assistant mine-foreman 952, 953, 959
Duties of chief and district inspectors 906, 915
Duties of chief and oil and gas well
inspector relating to oil and gas wells 914
Duties of coroner 921
Duties of check-weighman 970
Duties of check-measurer 970
Duties of employes 956
Duties of fire-boss 925, 955, 959
Duties of machine-men 957
Duties of miners 956
Duties of mine-foreman 952, 953, 959
Duties of over-seer 954, 965
Duties of recorder 921-937
Duties of superintendent 951
Duties of stableman 955
Duties of trip-riders and motormen 943, 958, 961
Duties of weighmaster 966
(For penalties, see Section 976.)
=E.=
Egress when inundation is probable 932
Electricity--
application of 947-948
discretionary power of chief and
district inspectors 911
Emergency appliances 927
Engineers 927
Employes--duties of 956-963
Employment of minors 944
Examination of mine--damages caused by 969
Examination and survey of mine 969
Examination of working places--
duty of owner, lessee or agent 925
duty of mine-foreman 952
duty of fire-boss 955
duty of miner 956
when unsafe 953
Examination of other than working places 925
Examination of machinery, ventilating
current 967
Examination of mine by fire-boss 925, 955, 959
Examination of mine--right of employes 906, 967
Examiners--board of 918-919
Explosives 962-963
=F.=
Fatal accidents--
duty of inspectors 907
notice to chief inspector and coroner 940
coroner's duty 921
superintendent's duty 951
provisions for 934
action in case of 972
Fire-boss--duties of 925, 955, 959
Fire in stable--must not be taken into 960
Fire protection 930
Fine coal or coal dust--
duty of owner, lessee or agent 944
duty of miner 956
Fines collected 977
=G.=
Gauges--pressure 924
Gasoline in mines 946
=H.=
Haulage--rope 943, 958
Haulage trips--persons not permitted to
ride 961
Hoisting and lowering of persons 927, 929, 959
=I.=
Illuminating oil 974-975
Illuminants 974-2
Industrial Relations Department 154-1
Injured persons--provisions for 934
Inundation 932, 938
Inexperienced miners 965
Injuries to mine 960
Intoxicants--prohibition of 959
Intent to defraud 960
Injury to persons or property--right of
action 972
=J.=
Justices of peace, etc. 13432
=L.=
Lamps--size of 961
Land--appropriation of 968
Lien on property for labor 972
Light in mines 943
Light or signal on locomotive and train 943
Loitering 959
Lowering and hoisting of persons 929, 950
Locomotives in mines 943, 958
Locomotives in mines--detaching 932
=M.=
Maps--
duty of chief inspector 917
duty of owner, lessee or agent 935
addition to previous 936
abandoned mine map 937
persons entitled to examine 904
Machine men--duties of 957
Machine shields--
duty of owner, lessee or agent 941
duty of machine men 957
Machinery--examination of 967
Miners--duties of 956
Mine-foreman--duties of 952, 953, 959
Miner--qualifications of 965
Miner--inexperienced 965
Minors employed 13001, 13002,
13007-1-2, 7766
duty of inspectors 912
duty of owner, lessee or agent 944
duty of mine-foreman 953
Mines, new--construction of 949
Mine lamps 961
Mine committee report 906, 967
Motormen and trip riders--duties of 943, 958, 961
Monthly report of mine-foreman to chief
inspector 953
=N.=
New mines--construction of 949
New office--shall not create 920
Notice to chief inspector--when must be
given 939
Notice to chief inspector and coroner of
accidents 940
Non-compliance with Statutes--action for 916
=O.=
Office--shall not create new 920
Office--chief deputy 904
Oil--
illuminating 974, 975
quantity allowed in mine 944
Oil lamp--size of 961
Oil and gas wells 973
Oil and gas wells--duty of chief oil and
gas well inspector 914
Openings--
additional 950
second 930
Over-seer--duties of 954, 965
=P.=
Penalties--
Acetylene 974-3
County coroner 976
Check-weighman 976
Check-Measurer 976
Employes 976
Fire-boss 976
Foreman 976
Mine-foreman 976
Non-employes 976
Owner, lessee or agent 976
Over-seer 976
Oil and gas well companies 976
Oil manufacturers 976
Oil dealers 976
Oil (persons using illegal) 976
Superintendent 976
Stableman 976
Weighmaster 976
Persons injured--provision for 934
Persons on cage--number allowed 929, 959
Persons not permitted to ride haulage
trips 961
Persons not employes--relating to 964
Powder 962-963
Pressure gauges 924
Precautions approaching abandoned mines 938
Props--supplying of 953
Prosecutions 978
=Q.=
Quantity of hay allowed in mine 945
Quantity of oil allowed in mine 944
Quantity of gasoline allowed in mine 946
Quantity of powder allowed in mine 962
Qualifications of miner 965
Qualifications and appointment of chief
inspector 899
Qualifications and appointment of
district inspectors 901
=R.=
Recorder's duty 921, 937
Records--who entitled to examine 904
Regulations of weighing coal 978-1-7
Repeals 978
Report of fire-boss 925, 955, 959
Report of owner, lessee or agent to
chief inspector 939, 940
Report of district inspector to chief
inspector 913
Right of action 972
Reorganization of State Departments 154-1
Report of mine committee 906, 967
Report of mine-foreman to chief
inspector, monthly 953
Rescue apparatus 915
Rescue stations 915-1
Refuge holes 931
Rope haulage 943, 958
Roof--miner shall prop, etc. 956
=S.=
Safe appliances for hoisting persons 927
Safety appliances 928
Speaking tube 928
Safety lamps--
when owner shall provide 941
oil for use in 975
Scales 910, 941
Second opening 930
Shafts--fire protection 930
Shields--machine--
duty of owner, lessee or agent 941
duty of machine men 957
Signals--
code of 942
locomotive 943
danger 925, 955, 959
persons designated to give and receive 929
Solid shooting 976-1-3
Speaking tube 928
Squibs 963
Stables--underground--
construction of 945
fire must not be taken into 960
stablemen--duties of 955
Superintendent's duties 951
Surveying party--transportation of 969
Survey of mine and examination 969
Switches 947
=T.=
Tamping tools--kind permitted 963
Telephones 934-2
Test weights 941
Timber--
duty of owner, lessee or agent 933
duty of mine-foreman 953
duty of miners 956
Trip riders and motormen--duties of 943, 958, 961
Traveling ways and refuge holes 931
Traveling ways--duty of employes 959
Transportation of surveying party 969
Trolley wires 947
=U.=
Underground stables--
construction of 945
fire must not be taken into 960
stablemen--duties of 955
voltage 948
=V.=
Ventilation--
duty of owner, lessee or agent 922, 923, 924
duty of mine-foreman 952, 953
report of mine committee 906, 967
voltage 948
=W.=
Wash room 934-1
Weigh scales 910, 941
Weighing of coal 978-1-7
Weighmaster--duties of 966
Weights and measures--sealers of 910
Withdrawal of persons from mine 959
When act takes effect 978
Who entitled to examine maps, records,
etc. 904
Wires 947
Working places--examination of--
duty of owner, lessee or agent 925
duty of mine-foreman 952
duty of fire-boss 955
duty of miner 956