lamp. The examination shall begin within three hours prior to the appointed time to enter the mine. The fire boss shall examine for dangers in all portions of the mine under his charge, and after each examination he shall leave at the face and side of every place examined the date of the examination as evidence that he has performed his duty. He shall also examine the entrance or entrances to all worked out and abandoned portions adjacent to the roadways and working places under his charge, where explosive gas is likely to accumulate, and he shall place a danger signal across the entrance to every working place and every other place where explosive gas is discovered or immediate danger is found to exist from any other cause, and said signal shall be sufficient warning for persons not to enter. The meaning of all danger signals shall be explained to the non-English speaking employees of the mine in their several languages by the mine foreman, assistant mine foreman, or fire boss through an interpreter.

ANNOTATIONS.

FIRE BOSSES.

1. QUALIFICATION-FITNESS-FOREIGNER-ABILITY TO READ AND WRITE. 2. NEGLIGENCE-LIABILITY OF OPERATOR.

NOTE.-For additional annotations see Inspectors and Inspection, Mine ForemenEmployment and Duties, Miners' Examining Boards, and Mining Operations.

1. QUALIFICATION-FITNESS-FOREIGNER-ABILITY TO READ AND WRITE. The persons upon whom the duties of a fire boss are imposed are supposed to be intelligent, practicable, and experienced men. Section 8 of Article VI requires that the mine foreman shall make certain entries in a book and shall report the condition of the mine over his signature. This necessarily implies that the fire boss must be able to read and write, and these are necessary qualifications to entitle him to a certificate.

Mine Inspector, 14 Pa. County Ct. Rep. 447, p. 448. (Opinion of attorney general.)

There is a presumption against the fitness as a fire boss of a foreign-born applicant who has not resided in this county long enough to become naturalized. Fire Boss Application, In re, 15 Pa. County Ct. Rep. 585, p. 586.

2. NEGLIGENCE-LIABILITY OF OPERATOR.

There can be no recovery against a mine operator for the death of a miner caused by an explosion of gas where the explosion was due to the negligence of the assistant fire boss who was assigned to the duty of making the examination for gas by the mine foreman or his assistant and where such fire boss made the examination for gas without the use of a safety lamp, and where neither the mine operator nor his superintendent knew of or sanctioned the appointment of such assistant fire boss.

Watkins v. Lehigh Coal & Nav. Co., 240 Pa. St. 419, p. 424.

A fire boss has no right under the Pennsylvania statute to say that a miner's box containing explosives should remain in a particular place where it was damp, and where all that he did say was that the place was all right and the box good enough, and the miner could not under such direction leave his box where it was exposed to dampness, relying upon the judgment of the fire boss, and, even if the fire boss had the power and was negligent, the mine owner

under the Pennsylvania statute would not be liable for an injury to the miner resulting from the negligence of the statutory fire boss.

Lehigh Valley Coal Co. v. Calausky, 222 Fed. 664, p. 666.

Under the Pennsylvania law a fire boss is not a fellow servant of the mine owner's employees, and the employer's liability act does not apply to such a foreman; and where it was not made to appear that a fire boss represented the mine owner in any respect or performed any duties except those imposed upon him by statute, a conversation between him and the injured miner did not affect the miner owner and is not admissable in evidence in an action by an injured miner.

Lehigh Valley Coal Co. v. Calausky, 222 Fed. 664, p. 666.

GEOLOGIST AND GEOLOGICAL SURVEY.

GEOLOGICAL SURVEY-GEOLOGIST-DUTIES.

LAWS 1835-36, P. 225.

MARCH 29, 1836.

AN ACT to provide for a geological and mineralogical survey of the State.

SEC. 1. Be it enacted, etc.:

That the governor is hereby authorized and required, within thirty days after the passage of this act, to appoint a State geologist, of talents, integrity, and suitable scientific and practical knowledge of his profession, who shall appoint as his assistants two geologists, also of integrity and competent skill, one of whom shall also be a scientific and practical mineralogist, and the said State geologist shall also appoint a competent, practical, analytical, and experimental chemist to assist him in his duties.

SEC. 2. It shall be the duty of the said State geologist and his assistants, immediately to commence, and to carry on with as much expedition and dispatch as may be consistent with minuteness and accuracy, and in accordance with a plan previously submitted to the secretary of the Commonwealth, a geological and mineralogical survey of the State, with a view to determine the order, succession, arrangement, relative position, and the dip or inclination, and also the comparative magnitude of the several strata or geological formations within the State, and to discover and examine all beds and deposits of ores, coals, clays, marls, and such other mineral substances as may be deemed useful or valuable, together with such other duties as may be necessary to make a full and complete geological and mineralogical survey of the State.

SEC. 3. It shall further be the duty of the said State geologist, on or before the first day of January in each and every year, during the time necessarily occupied by said survey, to make an annual report of the progress of the said survey, accompanied with such maps, drawings and specimens, as may be necessary and proper to exemplify and elucidate the same, to the secretary of the Commonwealth, who shall immediately lay such report before the legislature.

SEC. 4. The said State geologist is further required to cause to be represented on the map of this Commonwealth, by colors and other appropriate means, the various areas occupied by the different geological formations in the State, and to mark thereon the localities of the respective beds or deposits of the various mineral substances discovered, and on the completion of the survey, to compile a memoir of the geology and mineralogy of the State, comprising a complete account of the leading subjects and discoveries which have been embraced in the survey.

SEC. 5. The said State geologist shall also send to the secretary of the Commonwealth such specimens of the rocks, ores, coals, soils, fossils and mineral products discovered, as he may deem proper and necessary, in order to form a complete cabinet collection of specimens of the geology and mineralogy of the State, and the said secretary of the Commonwealth shall cause them to be deposited in proper order, in some convenient room in the State Capitol,

there to be preserved for public inspection; the said geologist is further required to furnish similar specimens of the geology and mineralogy of each county in the State to the commissioners of said county, who shall cause the same to be properly deposited and arranged for public inspection, in a room of the county courthouse, or some other convenient place in the county. (Repealed. See p. 65.)

SEC. 6. It shall be the duty of the chemist appointed as aforesaid, to make full and complete examinations, assays and analyses of all such rocks, ores, soils, mineral substances and mineral waters, as may be submitted to him by the State geologist, and to furnish him with a detailed and complete account of the results so obtained.

SEC. 7. For the purpose of carrying on and completing the said geological and mineralogical survey, the sum of $6,400 is hereby annually appropriated for five years, to be expended as follows: For the annual salary of the State geologist, $2,000; for that of each of the assistant geologists, $1,200; and for the annual compensation of the chemist, in full for all services performed and expenses incurred by him, $1,000; the remaining $1,000, if necessary, to be appropriated to the incidental expenses of the geologists, incurred in the prosecution of the survey, and the duties enjoined on them by this act: Provided, That the said salaries shall not commence until the said geologists and chemist shall have entered upon the execution of their duties, and that on the completion of said survey and the duties connected with it, they shall wholly cease and determine.

APPROPRIATION FOR SALARY, SURVEY, MINERAL CABINET, AND REPORTS.

LAWS 1840-41, P. 307.

MAY 1, 1841.

AN ACT to provide revenue to meet the demands on the treasury, and for other purposes.

SEC. 1. Be it enacted, etc.:

SEC. 14. That the amount of the loan of $3,100,000, authorized by the first section of this act, when received shall be specifically appropriated as follows:

That the sum of $10,200, shall be and the same is hereby appropriated for the completion of the geological and mineralogical survey to be applied as follows: $2,000 for the payment of one year's salary to the State geologist, $6,000 to the payment of one year's salary of six assistants, including the chemist, at the rate of $1,000 each, and the remaining sum of $2,200 to be paid to and applied by the said geologist, to the payment of the incidental expenses of said survey, including the preparation of three complete collections, or cabinets of geological and mineralogical specimens, for the use of the State, and for the compiling and preparing for publication the final report in relation to said survey, together with the maps and drawings to accompany the same, which said sum shall be deemed and taken as full compensation therefor;

The three collections or cabinets of geological and mineralogical specimens, aforesaid, shall be deposited, one at Philadelphia, one at Harrisburg, and one at Pittsburg, under the direction of the secretary of the Commonwealth, or in such manner as the legislature shall hereafter provide; and so much of any former act as required the State geologist to furnish specimens of the geology

and mineralogy of each county in the State, to the commissioners of said county, shall be and the same is hereby repealed;

(Act of March

COMMISSIONERS NECESSITY OF GEOLOGICAL SURVEY.

LAWS 1837-38, 377, P. 379.

APRIL 13, 1838.

AN ACT supplementary to an act entitled "An act authorizing the governor to incorporate and for other purposes."

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SEC. 1. Be it enacted, etc.:

SEC. 11. That the governor be, and he is hereby, authorized and required, within thirty days after the passage of this act, to appoint three commissioners, whose duty it shall be to examine and report to the legislature at its next annual session whether any, and if any, what additional surveys should be made in order to furnish an accurate map of the Commonwealth, on which the result of the present geological and mineralogical survey may be correctly and appropriately represented, and if the said commissioners shall find that a complete topographical survey of the Commonwealth should be undertaken, then to report, at the same time, what plans have been heretofore adopted, or are now progress in other countries and in the United States, in making such surveys, and in what manner a survey of this State should be organized and prosecuted. SEC. 12. That in order to complete the geological and mineralogical survey of the State more rapidly, and to secure to the people the benefits thereof, as nearly as practicable at the same time, the sum of six thousand dollars is hereby added to the future annual appropriations mentioned in the seventh section of the act passed March 29, A. D. 1836, entitled “An act to provide for a geological and mineralogical survey of the State," to be expended by the State geologist, with the approbation of the governor, in the employment of such additional subassistant geologists and a draughtsman, as may be deemed necessary for the rapid completion of the survey: Provided, That the salaries of the said assistant geologists shall not exceed eight hundred dollars per annum each, and the salary of the draughtsman shall be twelve hundred dollars per annum; and it shall be the duty of the State geologist, in addition to the duties now imposed upon him by law, to make such inquiries and examinations into the present methods of mining coal and manufacturing iron as the governor shall deem expedient and proper, to increase the products of the mineral resources of the State, and when the said inquiries and examinations are completed, the said State geologist shall compile a complete and detailed report thereof, and present the same to the legislature as soon as practicable.

GEOLOGICAL SURVEY AND APPROPRIATIONS.

LAWS 1844, 5, P. 7.

SEPTEMBER 29, 1843.

AN ACT to provide for the ordinary expenses of the government,

SEC. 1. Be it enacted, etc.:

That from and after the passage of this act, no money shall be paid out of the State treasury other than is hereby appropriated:

*

Seventeenth. For the completion of geological survey, $2,200; to be applied to the payment of the incidental expenses of the geological survey, including the preparation of the general cabinet collections of geological and mineral

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