Page images
PDF
EPUB

for carrying injured persons in case of accident. Alabama, Illinois, and Pennsylvania have a similar requirement, and add that in mines generating fire damp a sufficient quantity of linseed or olive oil, bandages, and linen shall be kept in store. These States also require a woolen blanket and a waterproof blanket to be provided.'

Pennsylvania (sec. 348) further declares that the mine foreman must see to it that any person who is injured about the mine shall receive necessary treatment, if need be at the expense of the county.

Entombed miners.-A law of Pennsylvania (Dig. 1895, p. 1340) declares that when workmen are entombed in a coal mine it shall be the duty of the court of the county, on the petition of any relatives of such workmen, to take necessary testimony to ascertain whether they can be recovered. If it appears feasible, the court shall issue a mandamus to the owner of the mine to proceed to recover the bodies of such workmen.

SEC. 14. MISCELLANEOUS REGULATIONS.-Pennsylvania especially has numerous regulations of a minor character seldom found in other States. For example, no unauthorized person shall enter any mine (sec. 349); no person in a state of intoxication shall be allowed to go into a mine (sec. 350); miners must properly undermine coal before blasting it (sec. 312), and shall set sprags under the coal when necessary (sec. 322). No inexperienced person shall be employed to mine out pillars except in company with experienced men (sec. 382), and the mine foreman shall not permit improper methods of mining out pillars (sec. 312). No person shall go into an old shaft or abandoned part of a mine without the permission of the foreman, or travel to and from work except on traveling ways assigned for that purpose (sec. 379). Pennsylvania further requires (sec. 351) that all employees shall inform the mine foreman of the unsafe condition of a working place or of any damage to the workings, that (sec. 354) they shall examine their working places before commencing work, and shall take down dangerous slate, attend to the timbering, etc. (sec. 320). Miners are prohibited from destroying any notice board or danger signal (sec. 356), or from committing any nuisance or leaving rubbish in the roads or air ways (sec. 362).

Pennsylvania also declares that stables inside of mines must be excavated in the solid strata, must be free from combustible material, and must be supplied with a separate air current not mixed with that ventilating the working parts of the mine. The storing of hay or straw is also carefully regulated (secs. 266, 267).

The superintendents of mines in Pennsylvania (secs. 263, 264) are required to keep on hand a full supply of all necessary materials and supplies, to examine at least once a week, and countersign, the reports of the mine foreman entered in the mine record book, and to require the foreman to comply with the provisions of the law.

In Pennsylvania (sec. 380) no steam pipe shall be permitted on traveling or hauling ways unless incased in asbestos or so placed as to prevent radiation of heat as far as possible.

Tennessee (L. 1881, ch. 170, sec. 6) requires that a suitable place be furnished at each mine for men to wash and change their clothes. Pennsylvania (sec. 377) has a similar requirement as regards mines where the clothing of the employees is wet by working in wet places.

'Ala., Acts 1896-7, No. 486, sec. 10; Ill., L. 1899, Apr. 18, sec. 30; Pa., Dig., Coal Mines, sec. 307; Wash., Stats. and Codes, sec. 2235; Wyo., Acts 1890-1, ch. 80, sec. 18.

Pennsylvania further provides' that where water may have been allowed to accumulate in dangerous quantities in a mine or part thereof, it shall be lawful for any mine owner whose mine is endangered by the water, with the approval of the mine inspector, to construct drifts, across property lines if needful, in order to remove the No operator is permitted to mine coal within 50 feet of such an accumulation of water without removing it.

2

Kansas declares that no standing water or obstructions of any kind shall be allowed in traveling ways, air courses, or rooms.

3

Wyoming requires mines to be kept as dry as possible.

Idaho prohibits the employment of aliens in mines unless they have declared their intention of becoming naturalized.

Illinois prohibits the working of any mine nearer than 10 feet from the boundary line of the coal right of the owner.5

Wyoming has provided for the establishment of a State hospital for disabled miners.

West Virginia' has provided for establishing three miners' hospitals, regulating their organization and management in considerable detail. Persons injured on railroad trains or in coal mines are to be treated free of charge.

SEC. 15. PENALTIES.-Numerous special penalties are provided in various States in connection with particular sections and provisions of the laws. Aside from these, separate penal clauses exist in most of the laws as regards acts of miners and as regards those of mine operators and superintendents. The amount of the penalty is sometimes the same in the case of the miners as in the case of the owners or managers, but in other States the penalty is less in the case of miners.

8

Actions of miners.-The laws of most of the States enumerate somewhat in detail the acts on the part of miners which are prohibited." These vary in some regards in different States, but the general provision, which is almost always added, including any other act which endangers the life or safety of miners or the security of the mine,

[blocks in formation]

Ala., L. 1896-7, No. 486, sec. 30; Ark., Dig., sec. 5059; Colo., An. St., sec. 3190; Ill., L. 1899, Act Apr. 18, sec. 31; Ind., An. St., sec. 7440; Iowa, Acts 1884, ch. 21, sec. 15; Kan., G. S., ch. 149, sec. 26; Ky., Stats. 1894, sec. 1732; Md., Pub. Loc. L., art. 1, sec. 208; Mo., R. S., sec. 7075; N. C., L. 1897, ch. 251, sec. 8; Ohio, R. S., sec. 6871; Pa., Dig., Coal Mines, secs. 362, 383; Tenn., L. 1881, ch. 170, sec. 19; Wash., Stats. and Codes, sec. 2232; W. Va., Code 1891, p. 991, sec. 14; Wyo., L. 1890-1, ch. 80, sec. 7.

"The Missouri statute is typical (R. S.):

SEC. 7075. Any miner, workman or other person who shall knowingly injure any water gauge, barometer, air course or brattice, or shall obstruct or throw open any airways, or carry any lighted lamps or matches into places that are worked by the light of safety lamps, or shall handle or disturb any part of the machinery of the hoisting engine, or open a door to a mine and not have the same closed again, whereby danger is produced, either to the mine or those at work therein, or who shall enter into any part of the mine against caution, or who shall disobey any order given in pursuance of this article, or who shall do any willful act whereby the lives and health of persons working in the mine, or the security of the mine or miners, or the machinery thereof, is endangered, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by fine or imprisonment, at the discretion of the court.

makes the application practically identical in all the States. Among the specific acts which are mentioned in almost every case are injury to shafts, water meters, air courses and machinery, interference with air ways, failure to close ventilating doors, taking lighted lamps, matches, or smokers' articles into places where safety lamps are required, and disobeying orders generally.

Actions of mine owners.-The following are the general penalties upon mine owners or managers for willful failure to comply with the law: Alabama, not over $300 fine and imprisonment; Arkansas, not less than $25 for each day of violation; California, misdemeanor, or in case of death resulting from such failure the overseer shall be held guilty of manslaughter; Colorado, $100 to $500 (coal mines), $25 to $300 (metal mines); Idaho, not over $500 for each day's violation; Illinois, not over $500, or not over six months' imprisonment, or both; Indiana, misdemeanor, $5 to $200 fine; Iowa, not over $500, or six months' imprisonment; Kansas, $100 to $300, or imprisonment thirty to ninety days, or both (with other penalties for certain special violations); Michigan, $50 to $100, or imprisonment ten to ninety days, or both; Missouri, $50 to $200, or twelve months' imprisonment, or both (with certain special provisions); Montana, misdemeanor; New Jersey, $1,000; New Mexico, misdemeanor; North Carolina, not less than $50, or not over thirty days' imprisonment, or both; Ohio, same as North Carolina; Pennsylvania, not over $500, or imprisonment not over six months, or both; Tennessee, misdemeanor, fine or imprisonment, or both; United States, not over $500; Utah, $500 to $5,000; Washington, $200 to $500; West Virginia, $50 to $500, or imprisonment not over three months; Wyoming, $200 to $500.

See also the provisions for restraining the operation of mines in case of failure to comply with the law, page 239.

Right of action by injured persons. In many States right of action is granted to those injured in person or property by any violation of the law.2 In Arkansas, California, Michigan, and New Mexico this right of action is given to the person directly injured, while in Colorado, Indiana, Iowa, Kansas, Missouri, North Carolina, Ohio, Pennsylvania and Wyoming it accrues to the person directly injured, or, in case of fatal accident, to his widow and heirs or personal representatives. The Missouri act is typical.3

1Ala., L. 1896-7, No. 486, sec. 39; Ark., Dig., sec. 5062; Cal., Act Mar. 27, 1874, sec. 9; Colo., An. St., sec. 3200; Idaho, Act Feb. 14, 1899, sec. 5; Illinois, Act Apr. 18, 1899, sec. 33; Ind., An. St., secs. 7457, 7483; Iowa, Acts 1884, ch. 21, sec. 19; Kan. G. S., ch. 149, secs. 21, 47; Mich., L. 1887, No. 213, sec. 5; L. 1899, No. 57, sec. 10; Mo., R. S., secs. 7063a, 7064e, 7070; Mon., Pol. Code, sec. 3364; Pen. Code, secs. 718, 722; N. J., L. 1894, ch. 54, sec. 4; N. M., Comp. L., sec. 1583; N. C., L. 1897, ch. 251, sec. 8; Ohio, R. S., sec. 6871; Pa., Dig., Coal Mines, sec. 384; Tenn., L. 1881, ch. 170, sec. 10; U. S., Acts 1890-1, ch. 564, sec. 7; Utah, L. 1896, ch. 113, sec. 8; W. Va., Code 1891, p. 991, sec. 17; Wyo., Acts 1890-1, ch. 80, sec. 21.

2

Ark., Dig., sec. 5058; Cal., Act Mar. 13, 1872, sec. 3; Act Mar. 27, 1874, sec. 8; Colo., An. St., sec. 3192; Ind., An. St., sec. 7473; Iowa, Acts 1884, ch. 21, sec. 14; Kan., G. S., ch. 149, sec. 24; Mich., L. 1887, No. 213, sec. 4; Mo., R. S., sec. 7074; N. M., Comp. L., sec. 1582; N. C., L. 1897, ch. 251, sec. 6a; Ohio, R. S., sec. 301; Pa. Dig., Coal Mines, sec. 385; Wyo., L. 1890–1, ch. 80, sec. 17.

3 Missouri (R. S. 1889):

SEC. 7074 (as amended by act approved April 23, 1891, page 182, acts of 1891). For any injury to persons or property occasioned by any violation of this article or failure to comply with any of its provisions, a right of action shall accrue to the party injured for any direct damages sustained thereby; and in case of loss of life by reason of such violation or failure as aforesaid, a right of action shall accrue to the widow of

SEC. 16. ANTHRACITE MINES.-The regulations of law of the State of Pennsylvania which have been referred to in the digest in the preceding 15 sections apply to bituminous mines only, the acts as to bituminous and anthracite mines being separate. In many cases practically the same requirements as to means for securing safety are applied to anthracite as to bituminous mines. Often the phraseology of the statutes is identical; the differences which exist are chiefly those growing out of the different character of the coal. In view of the fact that anthracite coal is found only in Pennsylvania, these special provisions are of less interest to those making a study of mining legislation in general than the provisions concerning bituminous mines. For this reason, and to avoid confusion in the digest of general mining laws, the law relating to anthracite mines is here digested separately. Even where its provisions are the same as those concerning bituminous mines it has seemed best to describe them briefly without reference to the other provisions.1

1. Appointment of inspectors (secs. 22-30).-The anthracite coal region is divided into eight inspection districts, for each of which an inspector is to be appointed by the governor for a term of five years. Inspectors must be 30 years of age and must have had five years' mining experience. Three examining boards, to be appointed by the judges of certain county courts and each to consist of three coal miners and two mining engineers, are to examine candidates and recommend a person for each position to the governor. No person pecuniarily interested in a mine may be appointed. On petition of 15 or more miners or coal operators the court of the proper county may inquire into charges of incompetency or malfeasance against an inspector, and may declare the office vacant.

2. Duties of inspectors (secs. 35–40, 44).—Inspectors shall examine mines as often as possible and see to it that all necessary precautions are taken to secure the safety of the workmen and the enforcement of the laws. They shall have the right to enter mines and examine them at any reasonable time, but shall not obstruct their working. A record of each visit showing the condition of the mine shall be made. Each inspector shall make an annual report to the governor. The owner or operator of every mine must make a report to the inspector of his district annually, and must give immediate notice when any new working is begun, when a mine is abandoned or reopened, when a new coal breaker is first operated, when the pillars of a mine are about to be removed, when a squeeze or crush occurs, or when any other important change affecting the persons employed takes place.

3. Enforcement of law (secs. 206-211, 216).-The operators of mines are required to post conspicuously an abstract of the rules established by law concerning mining (sec. 191). The inspector shall, whenever he discovers a dangerous condition not provided for in the law, give notice to the owner to make any change he deems necessary, but the

the person so killed, his lineal heirs or adopted children, or to any person or persons who were, before such loss of life, dependent for support on the person or persons so killed, for a like recovery of damages sustained by reason of such loss of life or lives: Provided, That all suits brought under this article shall be commenced within one year after any cause of action shall have accrued under this article and not afterward: And, provided further, That any person entitled to sue under this section for loss of life or lives may recover any sum not exceeding ten thousand dollars.

1Dig. Coal Mines, secs. 22-225.

owner has a right of appeal to a board of arbitration, consisting of one member chosen by the inspector, one by the owner, and a third by these two. Whenever an affidavit is submitted to the judge of the court of quarter sessions of any county declaring that a person has been negligently guilty of an offense against the provisions of the law, that person may be arrested and brought to trial. The proçedure is regulated with some detail, and provision is made for appeal. On the application of the inspector any court has power to prohibit by injunction or otherwise the working of a mine where the provisions of law have been violated. For any injury due to the failure of an owner, superintendent, mine foreman, or fire boss to comply with the law a right of action accrues to the person injured, or to his widow or lineal heirs in the case of death. This latter provision has been held unconstitutional so far as the owner is made liable for the acts of the mine foreman, especially in view of the fact that the foreman is a representative of the State, being examined and authorized by State authority. (Durkin v. Kingston Coal Co. et al., 33 Atl. Rep., 337.)

4. Mine foremen (secs. 101-111, 138-150).—Every mine must have a mine foreman, who may, however, have necessary assistants. Every foreman or assistant foreman must hold a certificate of qualification. For this purpose the judges of local courts are to appoint a board of examiners for each inspection district, to consist of the district inspector, two practical miners, one mine owner or operator, and one engineer. Candidates for examination must have had at least five years' practical experience in mines. Fire bosses are not examined, but must have had five years' experience, three of which must have been in mines generating noxious or explosive gases, and must certify to such experience before some person authorized to administer oaths. The mine foreman must take all necessary precautions, under the direction of the owner or operator of the mine, to secure safety. He shall take charge of matters relating to ventilation, shall examine every working place in the mine at least once every alternate day, and all shafts, main roads, signal apparatus, places generating explosive gases, etc., daily. Other details of the foreman's duties connect themselves with special regulations concerning safety.

5. Examination of miners.-The most striking feature of the laws relating to anthracite mines is the requirement, first enacted in 1889, that all miners (as distinguished from mine laborers) must secure a certificate of competency. In each of eight inspection districts in the anthracite region an examining board is established, to consist of nine miners, each of whom must have had five years' practical experience. The board must meet monthly and examine under oath all persons who wish to be employed as miners. Applicants must produce satisfactory evidence of having had at least two years' practical experience as miners or as mine laborers. They must be able to answer intelligently 12 questions in English concerning the practical requirements of mining. 6. Map of mines (secs. 46-56).-The owner or operator of every mine must make an accurate map or plan of its workings on a scale of 100 feet to the inch. The requirements as to what shall be shown in this map are stated in considerable detail. A copy must be kept at the mine and another deposited with the inspector. The map

1L. 1897, ch. 225.

« PreviousContinue »