three years. The chief inspector must have competent knowledge of chemistry, geology, and mining engineering, and the district inspectors must be practical miners of at least five years' experience. Pennsylvania' provides for a board of examiners to examine candidates for the position of mine inspector. This board is to consist of two mining engineers of good repute and three other persons qualified to act as mine inspector or mine foreman. It shall hold written and oral examinations and shall certify to the governor the names of all persons who received a grade of not less than 90 per cent. The board shall also furnish the persons examined with a copy of the questions and a statement as to whether the answers were right, imperfect, or wrong. Whenever a vacancy occurs among the inspectors the governor is required to appoint the person who has received the highest percentage on the examination until the entire number of such persons exhausted, when additional examinations shall be held. Inspectors must be at least 30 years of age and have practical experience of five years, including experience in mines generating fire damp. Their term of office is four years. The number of districts in the State is determined by the governor from time to time. but no district shall contain less than 60 nor more than 80 mines. 4 2 is In South Dakota the governor is to appoint one inspector of mines, at least 30 years of age, for a term of two years. In Tennessee3 there is to be one inspector holding office for four years. The laws of the United States provide that in any unorganized territory where there are coal mines with an output of at least 1,000 tons per annum the President, in the absence of action by the legislature and governor, shall appoint one inspector. Utah 5 provides for one inspector having a term of four years. Washington provides that there shall be but one inspector until 60 coal mines shall be in operation, after which there shall be additional inspection districts. The appointment of inspectors is to be made by the governor on the recommendation of an examining board, which shall consist of one practical miner, one operator or owner of a coal mine, and one mining engineer. The inspectors are to hold office for four years. West Virginia' has one chief inspector and four district inspectors, all to hold office for a term of four years, to be appointed by the governor, and to have had at least six years' experience. Wyoming provides for one inspector of coal mines who shall hold office for two years and who must be at least 30 years of age. 8 In practically all of these States the law provides that the inspectors shall take an oath of office, and frequently a bond for faithful performance of duty is required. It is usually provided also that each inspector shall devote his entire time to the duties of his office. In Alabama, Colorado, Illinois, Idaho, Indiana, Iowa, Kansas, Kentucky, Missouri, Montana, Ohio, Pennsylvania, Tennessee, the Territories, and Utah it is especially provided that no inspector shall be interested pecuniarily in any mine. Digest, Coal Mines, Bituminous, secs. 275-281; see law in full, p. 282. 3 Acts 1887, ch. 247, sec. 1. *Acts 1890-91, ch. 564, secs. 1, 2. L. 1896, ch. 113, sec. 1. L. 1897, ch. 45. L. 1897, ch. 59, sec. 1. L. 1890-91, ch. 80, sec. 8. In Colorado, Illinois, Iowa, Kansas, Kentucky, Montana, Ohio, Pennsylvania, Utah, and Wyoming the law specially provides that the inspectors shall procure all necessary instruments for performing their duties, which shall be the property of the State. 2 Removal.-In addition to penalties which are often prescribed for failure of inspectors to perform their duties, provisions for their removal for sufficient cause are made in several States. Thus Alabama,1 Iowa, Kentucky (sec. 2722), and West Virginia3 provide that the governor may for sufficient cause remove an inspector. In Maryland the grand jury of any county may summon an inspector before it to take cognizance of his conduct, and may recommend his removal by the governor. Pennsylvania (sec. 287) provides that if an inspector becomes incapacitated for duty the judge of the court of common pleas of his district shall appoint some person recommended by the board of examiners until he is able to resume his office. Moreover, in case (secs. 293, 294) a petition signed by not less than 15 persons who are miners or operators of mines is presented to this court, it is authorized to inquire into the conduct of an inspector. If he be found unqualified, incompetent, or guilty of malfeasance, the court shall certify that fact to the governor, who shall declare the office vacant. Ohio, Washington, and Wyoming' have provisions very nearly the same as those of Pennsylvania. The Iowa law (sec. 16) requires the governor, in case of formal complaint against an inspector, to convene a board consisting of two miners, two mine operators, and a mine engineer to try him. In Illinois (sec. 14), on petition of three mine operators or ten miners, the commissioners of labor shall examine an inspector, and may declare the office vacant. Colorado provides that an inspector of metalliferous mines who shall reveal anything regarding processes, ore bodies, etc., except in the way of official report, shall be removed and fined. 5 6 SEC. 2. POWERS AND DUTIES OF INSPECTORS. 8-a. Inspection.-In all the States having inspectors it is their duty generally to visit mines, enforce compliance with the law, and provide for the safety of miners by requiring necessary changes. This inspection must be made at least every month in Maryland, every two months in Michigan (Upper Peninsula), every three months in Alabama, Arkansas, Colorado (coal mines), Pennsylvania, Tennessee, Utah, West Virginia, Wyoming; at 1L. 1896-97, No. 486, sec. 28. 2 Acts 1884, ch. 21, sec. 1. 3 L. 1897, ch. 59, sec. 1. *L. 1898, ch. 34, sec. 209. 5 R. S., sec. 304. 6 Codes and Stats., sec. 2231. 7 L. 1890-91, ch. 80, sec. 13. Ala., Acts 1896–7, No. 486, secs. 18, 20, 25, 31, 36, 37; Ark., Dig. 1894, secs. 5055, 5056; Colo., An. St. (coal mines), sec. 3197; L. 1899, ch. 119, secs. 4-11 (metal mines); Idaho, Act Mar. 6, 1893, secs. 4-6, 12; Ill., L. 1899, Apr. 18, sec. 12; Ind., secs. 7441, 7454; Iowa, Acts 1884, ch. 21, sec. 2, as amended by Acts 1886, ch. 146; Kan., G. S., ch. 149, secs. 18, 19, 43; Ky., Stats. 1894, ch. 88, secs. 2723, 2726; Me., Acts 1893, ch. 292, secs. 2, 4; Md., Pub. Loc. L., art. 1, secs. 199, 200; Mich., Acts 1887, No. 213, secs. 3, 5, 8; 1899, No. 57, secs. 5, 7, 9; Mo., R. S., 1889, secs. 7072, 7073; Mon., Pol. Code, secs. 582, 585, 588; N. J., Acts 1894, ch. 54, secs. 2, 3, 4; N. Y., L. 1897, ch. 415, secs. 120, 129; N. C., L. 1891, secs. 1, 3, 7; Ohio, R. S., secs. 292, 293, 294, 301b; Pa., Dig. 1895, secs. 285, 288; S. Dak., Acts 1890, ch. 112, secs. 6-8, 13; Tenn., L. 1881, ch. 170, sec. 20; L. 1887, ch. 247, sec. 8; Utah, L. 1896, ch. 113, secs. 3, 14; U.S., Acts 1890-1, ch. 564, sec. 3; Wash., Codes and Stats., sec. 2230; W. Va., L. 1897, ch. 59, sec. 1; Code 1891, p. 991, sec. 4; Wyo., Acts 1890-1, ch. 80, secs. 10, 11, 16, 19. least every six months in Montana (although another section requires a visit to every mining county at least once each year); at least once a year in Idaho and the Territories of the United States. South Dakota requires the inspector to visit each mining county at least once each year, and examine as many mines as possible. The Colorado inspectors of metal mines are also empowered to visit and regulate reduction and metallurgical plants. Practically all of the States provide that the inspectors shall have the right to enter mines at any reasonable time, and that the owners and operators of mines shall furnish them the necessary facilities for doing so (Alabama, Arkansas, Colorado (both classes of mines), Idaho, Illinois, Iowa, Kansas, Kentucky, Michigan, Missouri, Montana, North Carolina, New York, Ohio, Pennsylvania, South Dakota, Tennessee, Utah, Washington, and Wyoming). Most of these States, however, add that the inspector shall not unnecessarily interfere with the working of mines during his inspection. In Arkansas, Illinois, Kansas, Missouri, and Washington the inspector may call upon the courts to issue an order commanding the mine owner or operator to permit him to inspect the mine. The Kansas statute as to the powers and duties of inspectors, being fairly typical, is given below.1 For Illinois and Pennsylvania laws in full, see pages 283, 300. b. Records and reports. In the following States the inspector is required to make a record of each inspection stating the condition in which the mine is found, and to preserve it in his office: Alabama, 1 Kansas, G. S., ch. 149: SEC. 18. The inspector of mines shall devote the whole of his time to the duties of his office. It shall be his duty to examine each mine in the State as often as possible, and at least twice each year, to see that all provisions of this act are observed and strictly carried out; and he shall make a record of all examinations of mines, showing the condition in which he finds them, the number of persons employed in and about each mine, the extent to which the law is obeyed, the progress made in the improvements sought to be secured by the passage of this act, the number of accidents and deaths resulting from injuries received in the mines, and all other facts of public interest concerning the condition and progress of mining in this State. In order to facilitate the inspector in his duties, it shall be the duty of all coal operators to make quarterly statements to the inspector of the amount of coal mined, and the number of miners and other persons employed around the mines each quarter. The inspector's record and all matters concerning the coal-mining business of public interest shall be embodied in the inspector's annual report made to the governor on the first day of February each year. SEC. 19. That the inspector may be enabled to perform the duties here imposed on him, he shall have the right at all times to enter any coal mine to make examination or obtain information. He shall notify the owners, lessees or agents immediately of the discovery of any violations of this act and of the penalty imposed thereby for such violation; and in case of such notice being disregarded for the space of ten days, he shall institute a prosecution against the owner, owners, lessee or agent of the mine, under the provisions of section sixteen of this act [21]. In any case, however, where in the judgment of the inspector delay may jeopardize life or limb, he shall at once proceed to the mine where the danger exists and examine into the matter, and if after full investigation thereof he shall be of the opinion that there is immediate danger, he shall apply in the name of the State to the district court of the county in which the mine may be located, or to the district judge in vacation, for an injunction to suspend all work in and about such mine; whereupon said court, or judge in vacation, if the cause appear to be sufficient after hearing the parties and their evidence as in like cases, shall issue a writ to restrain the working until all cause of danger is removed. And the costs of said proceedings, including the charges of attorney prosecuting said application, shall be borne by the owner of the coal mine: Provided, That no fee exceeding the sum of twenty-five dollars shall be taxed in any one case for the attorney prosecuting such case: Provided further, That if said court (or judge in vacation) shall find the cause not sufficient, then the case shall be dismissed and the cost shall be borne by the State or county in the discretion of the court (or judge in vacation). Idaho, Iowa, Kentucky (must be filed in the office of the district attorney), North Carolina, New York, Ohio, Pennsylvania, Tennessee, Utah, West Virginia, and Wyoming. In Ohio the district inspectors are required to report to the chief inspector monthly. Illinois, Pennsylvania, and Wyoming require that a record of the condition of each mine inspected shall be made by the inspector and posted in the office of the mine, where it shall remain for at least a year. The inspectors of the various States are required in every case to make an annual or biennial report to the governor or the State legislature, giving a summary of their transactions, a statement of the general condition of the mines in the State, and frequently statistical information as to the output of mines, the number of men employed, and the mineral resources of the State generally. c. Operators' reports.-As a means of facilitating such reports concerning the condition of the mining industry in the State, the laws of many States require that the operators or owners of mines must make reports or statements to the mine inspectors from time to time. These reports are required monthly in Indíana (Acts 1897, ch. 173, sec. 3); quarterly in Kansas (secs. 18, 43), and annually in Alabama, Colorado (metal mines), Idaho, Indiana, Kentucky, Ohio, North Carolina, Pennsylvania, West Virginia, and Wyoming. Illinois (see pp. 301, 306 for full law), Ohio, and North Carolina also require mine operators to report at once to the inspector when important changes in ownership or operation are made such as the commencing of a new shaft or slope, the abandonment of the mine, etc. d. Inspection of scales.-The inspector of mines is given special authority to inspect scales, weights, etc., in most States. (See above, p. 229.) 1 2 e. Inspection on complaint. The laws of Idaho, Montana, South Dakota, and Wyoming provide that whenever the inspector of mines 1Mon., Pol. Code, Part III, secs. 583, 584; Idaho, Act Mar. 6, 1893, sec. 7, as amended Mar. 11, 1895 (p. 160); S. Dak., Acts 1890, ch. 112, sec. 7. 2 The Montana act in full: SEC. 583. Whenever the inspector of mines receives a complaint in writing, signed and verified by the oath of three or more persons setting forth that the mine in which they are working is dangerous in any respect, he or the deputy inspector must in person visit and examine such mine. Every complaint must specifically set forth the nature of the danger existing at the mine, and describe with as much certainty as possible, how such mine is rendered dangerous, and must set forth the time the cause of such danger was first observed, and 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 of such mine, and if no such complaint has been made to such superintendent, the reason why it has not been made. SEC. 584. After such complaint shall have been received by the inspector of mines, he must serve a copy thereof, but without the names of the complainants, upon the superintendent, or manager, or owner of such mine, at any time before he visits the same, and as soon as possible visit such mine; and if from such examination he ascertains that the mine is, from any cause in a dangerous condition, he must at once notify the owner, lessor, lessee, or agent thereof, such notice to be in writing, and to be served by copy on such owner, lessor, lessee, or agent, in the same manner as provided by law for the serving of legal process, and the notice must state fully and in detail in what particular manner such mine is dangerous or insecure, and require all necessary changes to be made without delay, for the purpose of making such mine safe for the laborers employed therein; and in case of any criminal or civil procedure at law against the party or parties so notified, on account of loss of life or bodily injury sustained by any employee subsequent to such notice, and in consequence of a neglect to obey the inspectors' requirement, a certified copy of the notice served by the inspector is prima facie evidence of the gross negligence of the party or parties so complained of. shall receive a complaint signed by three or more persons, stating that the mine in which they are employed is dangerous in some particular respect distinctly set forth, and also stating whether notice of such danger has been given to the mine operator, and if not the reason therefor, he shall proceed to serve a copy of the complaint, without the names, upon the mine owner or operator. He shall then as soon as possible visit the mine, and in case a dangerous condition is found shall require necessary changes to be made without delay. The law of Michigan 1 requires each county inspector provided for in the act to make inspection whenever ten miners shall notify him that his services are necessary and that the superintendent of the mine has refused to attend to the complaint made. New Jersey also requires inspection when the employees of a mine make complaint." Colorado requires inspection of metal mines and works on receipt of reliable information as to unsafe conditions.3 4 5 f. Inspection by miners' committee.—Colorado, Ohio, and Wyoming provide that the miners in any mine may, not oftener than once a month, appoint a committee of two of their number to inspect the mine and its machinery. The owner shall afford every necessary facility for making the inspection, but the miners shall not impede the working of the mine. The owner or his representative may accompany the miners. g. Enforcement of laws by inspectors. The laws of Indiana, Iowa, and Tennessee contain no specific provisions as to the powers of inspectors to make orders and to enforce them, but it is presumable that under their general powers of inspection, coupled with the penal provisions of the laws, inspectors would have power to bring suit for 1L. 1887, No. 213, sec. 7. 2 L. 1894, ch. 54, sec. 3. 4 An. St., sec. 3189. 5 The Ohio provision in full (R. S., sec. 305): * * * and the miners employed in any mine may, from time to time, appoint two of their number to act as a committee to inspect not oftener than once in every month, the mine and the machinery connected therewith, and to measure the ventilating current, and if the owner, agent, or manager so desires, he may accompany said committee by himself, or two or more persons, which he may appoint for that purpose; the owner, agent, or manager shall afford every necessary facility for making such inspection and measurement, but the committee shall not in any way interrupt or impede the work going on in the mine at the time of such inspection and measurement, and said committee shall, within ten days after such inspection and measurement, make a correct report thereof to the inspector of mines, on blanks to be furnished by said inspector for that purpose; and if such committee make to the inspector a false or untrue report of the mines, such act shall constitute a violation of this section. 6 Acts 1890-1, ch. 80, sec. 16. 7 Ala., Acts 1896-7, No. 486, secs. 37-39; Ark., Dig. 1894, sec. 5057; Colo., An. St., sec. 3191 (coal mines); L. 1899, ch. 119, secs. 11, 13 (metal mines); Idaho, Act Feb. 14, 1899, secs. 5, 8; Ill., L. 1899, Apr. 18, sec. 12; Iowa, Acts 1884, ch. 21, sec. 14, as amended by ch. 56, Acts 1888; Kansas, G. S., ch. 149, secs. 19, 45; Ky., Stats. 1894, sec. 2724; Me., Acts 1893, ch. 292, secs. 1, 2; Md., Pub. Loc. L. art. 1, sec. 199, as amended by ch. 34, 1898; Mich., L. 1887, No. 213, sec. 3; Mo., R. S. 1889, secs. 7072, 7073; Mon., Pol. Code, secs. 584, 585, 3356; N. J., L. 1894, ch. 54, sec. 234; N. Y., L. 1897, ch. 415, secs. 127, 128; N. C., L. 1897, sec. 2; Ohio, R. S., secs. 292, 303; Pa., Dig., Coal Mines, secs. 288, 295–297; S. D., L. 1890, ch. 112, sec. 8; Tenn., L. 1881, ch. 170, sec. 4; Utah, L. 1896, ch. 113, secs. 3, 5, 17; U. S., Acts 1890-1, ch. 564, secs. 4, 16; Wash., Codes and Stats., sec. 2230; Wyo., L. 1890-1, ch. 80, secs. 10, 11, 14; W. Va., Code 1891, p. 991, sec. 12. |