and shall take an oath or affirmation before an officer properly qualified to administer the same, that he will faithfully discharge the duties of his office to the satisfaction and under the direction of the judges of the courts, and as the interest of the people and law requires, and shall if discharged or removed, deliver over to the judges of the district, and to his successors, all papers, records, maps, and things in his office, as the property of the State and district, and shall not be interested in the mining or transportation of coal.

REPORTS-PRINTING.

NOTE. The original acts of April 9, 1856, and March 27, 1871, contain no provisions for printing reports of inspectors of mines.

LAWS 1874, P. 274.

JUNE 5, 1874.

A FURTHER SUPPLEMENT to the act of April 9, A. D. 1856, regulating the public printing and binding, and the supplement thereto, approved March 27, A. D. 1871, amending the same, and providing for the printing of the reports

of the inspectors of mines.

SEC. 1. Be it enacted, etc.:

SEC. 5. That five thousand copies of the report of inspectors of mines and mining for the year 1873, and annually hereafter, shall be printed and bound in the usual manner for the use of the senate and house of representatives.

EXAMINATION, APPOINTMENT, AND SALARIES.

LAWS 1885, P. 218.

JUNE 30, 1885.

AN ACT to provide for the health and safety of persons employed in and about the anthracite coal mines of Pennsylvania, and for the protection and preservation of property connected therewith.

ARTICLE II.

NOTE. Part of sec. 4, and secs. 5-13 of this article are inserted here. Sec. 1 is under the title Inspection Districts. (See p. 102.) Secs. 2, 3, and part of sec. 4, of this article, are under the title Miners' Examining Board. (See p. 252.) The body of the act is under the title Mining Operations-Anthracite Coal Mines. (See p. 614.) SEC. 4.

Upon the recommendation of the board of examiners as aforesaid, the gov ernor shall appoint such persons to fill the office of inspector of mines under this act and shall issue to him a commission for the term of five years, subject, however, to removal for neglect of duty or malfeasance in office, as hereinafter provided for.

SEC. 5. The person so appointed must be a citizen of Pennsylvania and shall have attained the age of thirty years. He must have a knowledge of the different systems of working coal mines, and have been practically connected with the anthracite coal mines of Pennsylvania for a period of not less than five years, and he must also have had experience in the working and ventilation of coal mines where noxious and explosive gases are evolved. Before entering upon the duties of his office, he shall take an oath, or affirmation,

before an officer properly qualified to administer the same, that he will perform his duties with fidelity and impartiality, which oath or affirmation shall be filed in the office of the prothonotary of the county. He shall also provide himself with the most modern instruments and appliances for carrying out the intentions of this act.

SEC. 6. The salary of each of the said inspectors shall be three thousand dollars per annum, which salary, together with the expenses incurred in carrying into effect the provisions of this act, shall be paid by the State treasurer out of the treasury of the Commonwealth upon the warrant of the auditor general.

SEC. 7. Each of the said inspectors shall reside in the district for which he is appointed, and shall give his whole time and attention to the duties of the office. He shall examine all the collieries in his district as often as his duties will permit, not less than four times a year, or oftener if the exigencies of the case or the condition of the mines require it, see that every necessary precaution is taken to secure the safety of the workmen, and that the provisions of this act are observed and obeyed, attend every inquest held by the coroner or his deputy upon the bodies of persons killed in or about the collieries in his district, visit the scene of the accident for the purpose of making an éxamina'tion into the particulars of the same whenever loss of life or serious personal injury occurs, as elsewhere herein provided for, and make an annual report of his proceedings to the secretary of internal affairs of the Commonwealth at the close of every year, enumerating all the accidents in and about the collieries of his district, marking in tabular form those accidents causing death or serious personal injury, the condition of the workings of the said mines with regard to the safety of the workmen therein and the ventilation thereof, and the result of his labors generally shall be fully set forth.

SEC. 8. The board of examiners as hereinbefore provided for, in order to divide more equitably among the several mine inspectors the labor to be performed and the territory to be covered by them in the performance of the duties of the office, may, at any time when they shall deem it desirable or necessary, readjust the several districts by the creation of new boundary lines, thereby adding to or taking from, as the case may be, the districts as at present bounded and described, if the court approve the same.

SEC. 9. The mine inspector shall have the right, and it is hereby made his duty, to enter, inspect, and examine any mine or colliery in his district and the workings and machinery belonging thereto, at all reasonable times, either by day or night, but not so as to impede or obstruct the working of the colliery, and shall have the power to take one or more of his fellow inspectors into or around any mine or colliery in the district for which he is appointed, for the purpose of consultation or examination.

He shall also have the right, and it is hereby made his duty to make inquiry into the condition of such mine or colliery, workings, machinery, ventilation, drainage, method of lighting or using lights, and into all other matters and things connected with or relating to, as well as to make suggestions providing for, the health and safety of persons employed in or about the same, and especially to make inquiry whether the provisions of this act have been complied with.

The owner, operator or superintendent of such mine or colliery is hereby required to furnish the means necessary for such entry, inspection, examination, Inquiry, and exit.

The inspector shall make a record of the visit, noting the time and material circumstances of the inspection.

SEC. 10. No person, who shall act or practice as a land agent, or as the manager, or agent of any coal mine or colliery, or as a mining engineer, or who is pecuniarily interested in operating any coal mine or colliery in his district, shall at the same time hold the office of inspector of mines under this act. SEC. 11. Whenever a petition, signed by fifteen or more reputable coal operators or miners or both, setting forth that any inspector of mines neglects his duties, or is incompetent, or is guilty of malfeasance in office, it shall be the duty of the court of common pleas of the proper county to issue a citation in the name of the Commonwealth to the said inspector to appear, at not less than fifteen days' notice, on a day fixed, before said court, and the court shall then proceed to inquire into and investigate the allegations of the petitioners; if the court find that the said inspector is neglectful of his duties, or that he is incompetent to perform the duties of the office for any cause that existed previous to his appointment, or that has arisen since his appointment, or that he is guilty of malfeasance in office, the court shall certify the same to the governor of the Commonwealth, who shall declare the office of inspector for the district vacant, and proceed in compliance with the provisions of this act to appoint a properly qualified person to fill the office.

The cost of said investigation shall be borne by the removed inspector, but if the allegations in the petition are not sustained the costs shall be paid by the petitioners.

SEC. 12. The maps and plans of the mines and the records thereof, together with all the papers relating thereto, shall be kept by the inspector properly arranged and preserved in a convenient place in the district for which each inspector has been appointed, and shall be transferred by him, with any other property of the Commonwealth that may be in his possession, to his successor in office.

SEC. 13. The persons who at the time of this act goes into effect are acting as inspectors of mines under the acts hereby repealed shall continue to act in the same manner as if they had been appointed under this act and until the term for which they were appointed has expired.

APPOINTMENT, DUTIES, AND SALARIES.

LAWS 1891, P. 176.

JUNE 2, 1891.

AN ACT to provide for the health and safety of persons employed in and about the anthracite coal mines of Pennsylvania, and for the protection and preservation of property connected therewith.

ARTICLE II.

NOTE.-Secs. 6, 7, 8, 9, 11, 12, 13, 14, and 15 of this article are inserted here.

Sec. 1

of this article is under the title Inspection Districts. (See p. 102.) Secs. 3, 4, 5, and 10 of this article are under the title Miners' Examining Board. (See p. 263.) Article I and Articles III to XIX, inclusive, are under the title Mining Operations--Anthracite Coal Mines. (See p. 635.)

SEC. 6. The person so appointed must be a citizen of Pennsylvania and shall have attained the age of thirty years. He must have a knowledge of the dif ferent systems of working coal mines, and he must produce satisfactory evidence to the board of examiners of having had at least five (5) years' practical experience in anthracite coal mines of Pennsylvania. He must have had experience in coal mines where noxious and explosive gases are evolved.

Before entering upon the duties of his office he shall take an oath or affirmation before an officer properly qualified to administer the same that he will

perform his duties with fidelity and impartiality; which oath or affirmation shall be filed in the office of the prothonotary of the county. He shall also provide himself with the most modern instruments and appliances for carrying out the intentions of this act.

SEC. 7. The salary of each of the said inspectors shall be three thousand dollars per annum, which salary, together with the expenses incurred in carrying into effect the provisions of this act, shall be paid by the State treasurer out of the treasury of the Commonwealth upon the warrant of the auditor general.

SEC. 8. In case the inspector becomes incapacitated to perform the duties of his office for a longer period than two weeks, it shall be the duty of the judges of the court of common pleas to deputize some competent person recommended by the board of examiners to fill the office of inspector until the said inspector shall be able to fulfil the duties of his office and the person so appointed shall be paid in the same manner as is provided for the inspector of mines.

SEC. 9. Each of the said inspectors shall reside in the district for which he is appointed, and shall give his whole time and attention to the duties of the office. He shall examine all the collieries in his district as often as his duties will permit or as often as the exigencies of the case or the condition of the mines require it; see that every necessary precaution is taken to secure the safety of the workmen and that the provisions of this act are observed and obeyed; attend every inquest held by the coroner, or his deputy, upon the bodies of persons killed in or about the collieries in his district; visit the scene of the accident for the purpose of making an examination into the particulars of the same whenever loss of life or serious personal injury occurs as elsewhere herein provided for, and make an annual report of his proceedings to the secretary of internal affairs of the Commonwealth at the close of every year, enumerating all the accidents in and about the collieries of his district, marking in tabular form those accidents causing death or serious personal injury, the condition of the workings of the said mines with regard to the safety of the workmen therein and the ventilation thereof, and the result of his labors generally shall be fully set forth.

SEC. 11. The mine inspector shall have the right, and it is hereby made his duty, to enter, inspect, and examine any mine or colliery in his district and the workings and machinery belonging thereto, at all reasonable times, either by day or night, but not so as to impede or obstruct the working of the colliery, and shall have power to take one or more of his fellow inspectors into or around any mine or colliery in the district for which he is appointed, for the purpose of consultation or examination.

He shall also have the right, and it is hereby made his duty, to make inquiry into the condition of such mine or colliery workings, machinery, ventilation, drainage, method of lighting or using lights, and into all matters and things connected with or relating to, as well as to make suggestions providing for the health and safety of persons employed in or about the same, and especially to make inquiry whether the provisions of this act have been complied with. The owner, operator or superintendent of such mine or colliery is hereby required to furnish the means necessary for such entry, inspection, examination, inquiry and exit.

The inspector shall make a record of the visit, noting the time and material circumstances of the inspection.

SEC. 12. No person who shall act or practice as a land agent or as the manager or agent of any coal mine or colliery, who is pecuniarily interested in operating

any coal mine or colliery in his district, shall, at the same time, hold the office of inspector of mines under this act.

SEC. 13. Whenever a petition signed by fifteen or more reputable coal operators or miners, or both, setting forth that any inspector of mines neglects his duties, or is incompetent, or is guilty of malfeasance in office, it shall be the duty of the court of common pleas of the proper county to issue a citation in the name of the Commonwealth to the said inspector to appear at not less than five days' notice, on a day fixed, before said court and the court shall then proceed to inquire into and investigate the allegations of the petitioners. If the court find that the said inspector is neglectful of his duties or that he is incompetent to perform the duties of the office for any cause that existed previous to his appointment or that has arisen since his appointment, or that he is guilty of malfeasance in office, the court shall certify the same to the governor of the Commonwealth, who shall declare the office of inspector for the district vacant and proceed, in compliance with the provisions of this act, to appoint a properly qualified person to fill the office.

The cost of said investigation shall be borne by the removed inspector, but if the allegations in the petition are not sustained the costs shall be paid by the petitioners.

SEC. 14. The maps and plans of the mines and the records thereof, together with all the papers relating thereto, shall be kept by the inspector, properly arranged and preserved, in a convenient place in the district for which each inspector has been appointed, and shall be transferred by him, with any other property of the Commonwealth that may be in his possession, to his successor in office.

SEC. 15. The persons who, at the time this act goes into effect, are acting as inspectors of mines under the acts hereby repealed shall continue to act in the same manner as if they had been appointed under this act, and until the term for which they were appointed has expired.

ANNOTATIONS.

INSPECTORS.

1. APPOINTMENT-ELECTION-FILLING VACANCIES,

2. INSPECTORS-STATE OFFICERS CONTINUANCE IN OFFICE.

1. APPOINTMENT-ELECTION-FILLING VACANCIES.

This act concerns the mines of Pennsylvania and repeals or supercedes the act of April 12, 1862 (P. L. 852), and the act of March 3, 1870 (P. L. 3), at least as to the appointment of inspectors of mines. Under this act inspectors were appointed by the governor until 1901, when the office became elective by virtue of an act approved June 8, 1901 (P. L. 535).

Lamb's Nomination Petition, 251 Pa. St., 102, p. 105.

Under this act inspectors of mines were appointed by the governor until 1901, when the office became elective by virtue of the act of June 8, 1901 (P. L. 535).

Lamb's Petition, 43 Pa. County Ct. Rep. 678, p. 680.

Mine inspectors in the anthracite region under this act were appointed by the governor upon the recommendation of the board of examiners. But the act of June 8, 1901 (P. L. 535), changed the method of selection to that of election by the qualified voters of the district at a general election. This latter act continued all inspectors in office "until the expiration of the terms for which they had been appointed.”

Stein's Case, 29 Pa. County Ct. Rep. 363, p. 364. General.)

(Opinion of Attorney