such appointment the court shall thereupon fill the board by the selection of six persons who, with the three named by the other party in the controversy, shall constitute said board of arbitration.

The said court shall also appoint one of the members thereof secretary to the said board who shall also have a vote and the same powers as any other member, and shall also designate the time and place of meeting of the said board. They shall also place before them copies of all papers and minutes of proceedings to the case or cases submitted to them.

SEC. 3. That when the board of arbitrators has been thus appointed and constituted and each member has been sworn or affirmed and the papers have been submitted to them, they shall first carefully consider the records before them and then determine the rules to govern their proceedings; they shall sit with closed doors until their organization is consummated after which the proceedings shall be public. The president of the board shall have full authority to preserve order at the sessions and may summon or appoint officers to assist and in all ballotings he shall have a vote. It shall be lawful for him at the request of any two members of the board to send for persons, books, and papers, and he shall have power to enforce their presence and to require them to testify in any matter before the board, and for any willful failure to appear and testify before said board, when requested by the said board, the person or persons so offending shall be guilty of a misdemeanor, and on conviction thereof in the court of quarter sessions of the county where the offense is committed, shall be sentenced to pay a fine not exceeding five hundred dollars and imprisonment not exceeding thirty days, either or both, at the discretion of the court.

SEC. 4. That as soon as the board is organized the president shall announce that the sessions are opened and the variants may appear with their attorneys and counsel, if they so desire, and open their case, and in all proceedings the applicant shall stand as plaintiff, but when the application is jointly made, the employees shall stand as plaintiff in the case, each party in turn shall be allowed a full and impartial hearing and may examine experts and present models, drawings, statements and any proper matter bearing on the case, all of which shall be carefully considered by the said board in arriving at their conclusions, and the decision of the said board shall be final and conclusive of all matters brought before them for adjustment, and the said board of arbitration may adjourn from the place designated by the court for holding its sessions, when it deems it expedient to do so, to the place or places where the dispute arises and hold sessions and personally examine the workings and matters at variance to assist their judgment.

SEC. 5. That the compensation of the members of the board of arbitration shall be as follows, to wit: each shall receive four dollars per diem and ten cents per mile both ways between their homes and the place of meeting by the nearest comfortable routes, or travel to be paid out of the treasury of the county where the arbitration is held, and witnesses shall be allowed from the treasury of the said county the same fees now allowed by law for similar services.

SEC. 6. That the board of arbitrators shall duly execute their decision which shall be reached by a vote of a majority of all the members, by having the names of those voting in the affirmative signed thereon and attested by the secretary, and their decisions, together with all the papers and minutes of their proceedings, shall be returned to and filed in the court aforesaid for safe keeping.

SEC 7. All laws and parts of laws inconsistent with the provisions of this act be and the same are hereby repealed,

BUREAU OF MINES.

CREATION AND DUTIES OF CHIEF.

See also Department of Mines, p. 11.

LAWS 1897, P. 279.

JULY 15, 1897.

AN ACT establishing a bureau of mines in the department of internal affairs of Pennsylvania, defining its purpose and authority, providing for the appointment of a chief of said bureau and assistants, and fixing their salaries and expenses.

SEC. 1. Be it enacted, etc.:

That there is hereby established in the department of internal affairs of Pennsylvania a bureau to be known as the bureau of mines, which shall be charged with a supervision of the execution of the mining laws of this Commonwealth, and the care and publication of the annual reports of the inspectors of coal mines. SEC. 2. The chief officer of said bureau shall be denominated chief of the bureau of mines, and shall be appointed by the governor, by and with the advice and consent of the senate, within thirty days after the final passage of this act, and every four years thereafter, who shall be commissioned by the governor to serve a term of four years from the date of his appointment, and until his successor is duly qualified, and shall receive an annual salary of three thousand dollars and traveling expenses; and in case of a vacancy in the office of chief of said bureau, by reason of death, resignation, or otherwise, the governor shal! appoint a qualified person to fill such vacancy for the unexpired balance of the term.

SEC. 3. The chief of the bureau of mines shall be a competent person having had at least ten years practical experience in the working and ventilation of coal mines of this State, and a practical and scientific knowledge of all noxious and dangerous gases found in such mines. The said chief of the bureau of mines so appointed shall, before entering upon the duties of his office, take and subscribe to the oath of office prescribed by the constitution, the same to be filed in the office of the secretary of the Commonwealth, and give to the Commonwealth a bond in the penal sum of ten thousand dollars, with surety to be approved by the governor and secretary of internal affairs, conditioned for the faithful discharge of the duties of his office.

SEC. 4. It shall be the duty of the chief of the bureau to devote the whole of his time to the duties of his office, and to see that the mining laws of this State are faithfully executed; and for this purpose he is hereby invested with the same power and authority as the mine inspectors to enter, inspect, and examine any mine or colliery within the State, and the works and machinery connected therewith, and to give such aid and instruction to the mine inspectors from time to time as he may deem best calculated to protect the health and promote the safety of all persons employed in and about the mines; and the said chief of the bureau of mines shall have the power to suspend any mine inspector for any neglect of duty, but such suspended mine inspector shall have the right to appeal to the secretary of internal affairs, who shall be empowered to approve of such suspension or restore such suspended mine inspector to duty, after investigating the causes which led to such suspension. Should the chief of the bureau of mines receive information by petition, signed by ten or more miners,

or one or more operators, setting forth that any of the mine inspectors are neglectful of their duty, or are incompetent to perform the duties of their office, or are guilty of malfeasance in office, he shall at once investigate the matter, and if he shall be satisfied that the charge or charges are well founded, he shall then petition the court of common pleas, or the judge in chambers, in any county within or partly within the inspection district of the said mine inspector: which court, upon receipt of said petition and a report of the character of the charges and testimony produced, shall at once issue a citation in the name of the Commonwealth to the said inspector, to appear on not less than fifteen days' notice, on a fixed day before said court, at which time the court shall proceed to inquire into the allegations of the petitioners, and may require the attendance of such witnesses on subpœna issued and served by the proper officer or officers, as the judge of the court and the chief of said bureau may deem necessary in the case; the inspector under investigation shall also have similar power and authority to compel the attendance of witnesses in his behalf. If the court shall find by said investigation that the said mine inspector is guilty of neglecting his official duties, or is incompetent to perform the duties of his office, or is guilty of malfeasance in office, the said court shall certify the same to the governor, who shall declare the office vacant, and shall proceed to supply the vacancy as provided for by the mining laws of this State. The cost of said investigation shall, if the charges are sustained, be imposed upon the mine inspector; but if the charges are not sustained the cost shall be paid out of the State treasury, upon voucher or vouchers duly certified as to correctness by the judge or proper officer of the court where such proceedings are held. To enable the said chief of the bureau of mines to conduct more effectually his examinations and investigations of the charges and complaints which may be made by petitioners against any of the mine inspectors as herein provided, he shall have power to administer oaths and take affidavits and depositions in form and manner provided by law: Provided however, That nothing in this section shall be so construed as to repeal section thirteen of article two of the act of assembly approved June 2, 1891, entitled "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," and also articles thirteen and fourteen of an act of assembly approved May 15, 1893, entitled "An act relating to bituminous coal mines, and providing for the lives, health, safety, and welfare of persons employed therein." (See pp. 635, 697.)

SEC. 5. It shall be the duty of the chief of the bureau of mines to take charge of and preserve in his office the annual reports of the mine inspectors and transmit a copy of them, together with such other statistical data compiled therefrom and other matter relating to the work of the bureau as may be of public interest, properly addressed to the secretary of internal affairs for transmission to the governor and the general assembly of this Commonwealth on or before the first day of March in each year. It shall also be the duty of the chief of the bureau of mines to see that said reports, or a copy of them, are placed in the hands of the Public Printer for publication at the same date; the same to be published under direction of the secretary of internal affairs as other reports of his department are now required by law to be published, and in order that the chief of said bureau may be able to prepare, compile, and transmit his annual report to the secretary of internal affairs within the time herein specified, the mine inspectors are hereby required to deliver their annual reports to the secretary of internal affairs on or before the fifteenth day of February in each year. In addition to the annual reports herein required of the mine inspectors, the said mine inspectors shall furnish to the chief of the bureau of

mines monthly and also such special reports or Information on any subject regarding mine accidents or other matters pertaining to mining interests or the safety of persons employed in mines as he at any time may require or may deem necessary in the proper and lawful discharge of his official duties. The chief of the bureau of mines shall also establish, as far as may be practicable, a uniform style and size of blanks for the annual, monthly, and special reports of the mine inspectors and prescribe the form and character of subject matter to be embraced in the text, and the tabulated statements of their reports. The chief of the bureau of mines is hereby authorized to make such examinations and investigations as may enable him to report upon the various systems of coal mining practiced in the State, method of mining, ventilation, machinery employed, structure and character of the several coal seams operated, and of the associated strata, the circumstances and responsibility of mine accidents, economy of coal production, coal waste, area and exhaustion of coal territory, and such other matters as may pertain to the general welfare of coal miners and others connected with coal mining, and the interests of coal mine owners and operators in this Commonwealth.

SEC. 6. The chief of the bureau of mines shall keep in his office a journal or record of all examinations made and work done under his administration and copies of all official communications, and is hereby authorized to procure such books, instruments, and chemicals or other tests as may be found necessary to the proper discharge of his duties under this act at the expense of the State. All instruments, plans, books, and records pertaining to the office shall be the property of the State and shall be delivered to his successor in office.

SEC. 7. The chief of the bureau of mines shall at all times be accountable to the secretary of internal affairs for the faithful discharge of the duties imposed upon him by law and the administration of his office, and the rules and regulations pertaining to said bureau shall be subject to the approval of the secretary of internal affairs, who is hereby empowered to appoint an assistant to the chief of the bureau at a salary of fourteen hundred dollars per annum, and a messenger at a salary of three hundred dollars per annum: And provided further, That the salaries of the chief of the bureau of mines, his assistant, and the messenger shall be paid out of the State treasury in the manner as other employees of the department of internal affairs are now paid: Provided, That the chief of said bureau of mines may be removed or suspended at any time by the secretary of internal affairs when in the opinion of said secretary there has been a neglect of duty or a failure to comply with the law or the instructions of the secretary of internal affairs.

SEC. 8. No person who is acting as a land agent or as manager, viewer or agent of any mine or colliery, or who is interested in operating any mine or colliery, shall at the same time serve as chief of the bureau of mines under the provisions of this act.

SEC. 9. That the mine inspector of each district of this State shall, within six months after the final passage and approval of this act, deposit in the bureau of mines an accurate map or plan of such coal mine, which may be on tracing muslin or sun print, drawn to a prescribed scale; which map or plan shall show the actual location of all openings, excavations, shafts, tunnels, slopes, planes, main headings, cross headings, and rooms or working places in each strata operated, pumps, fans or other ventilating apparatus, the entire course and direction of air currents, the relation and proximity of the workings of such coal mines to all other adjoining mines or coal lands, and the relative elevation of all tunnels and headings and of the face of working places near to or approaching boundary lines or adjacent mines; and on or before the close of

each calendar year transmit to the chief of the bureau of mines a supplemental map or plan showing all excavations, changes and additions made in such mine during the year, drawn to the scale as the first-mentioned map or plan. All such maps or plans to be and remain in the bureau of mines as a part of the records of that office.

SEC. 10. All acts or parts of acts inconsistent with this act be and the same are hereby repealed.

TRANSFER TO DEPARTMENT OF MINES.

LAWS 1903, P. 569.

APRIL 16, 1903.

IN THE SENATE, APRIL 16, 1903.

RESOLVED (that if the House concur), That all books and papers in the office of the secretary of internal affairs, relative to the bureau of mines, be transferred to the new department of mines. (See p. 11.)

ANNOTATIONS.

BUREAU OF MINES.

1. CHIEF OF BUREAU-DUTY AS TO REPORTS OF INSPECTORS.

2. MISTAKES IN PUBLICATIONS-EFFECT ON LIABILITY OF OPERATOR.

1. CHIEF OF BUREAU-DUTY AS TO REPORTS OF INSPECTORS.

The chief of the bureau of mines is required by this act to preserve the annual reports of mine inspectors and transmit a copy with other statistical data and other matters of public interest to the governor and the General Assembly. A mistake in such a report and the subsequent publication as to the ownership of a mine would not be binding upon the real owner and would not estop him from setting up any available defense in an action involving his right or liability. Burke v. Sterrick Creek Coal Co., 15 Pa. Dist. Rep. 643, p. 644.

2. MISTAKES IN PUBLICATIONS-EFFECT ON LIABILITY OF OPERATOR.

An injured miner brought suit against a mining company for damages for injuries received. The action was defeated on the ground that the defendant was not operating the colliery at the time the complainant received his injury. Subsequently the plaintiff sued the rightful owner and operator of the colliery for damages for the alleged injuries. The action was barred by the statute of limitations, but the complainant insisted on the right to maintain the action because the misnomer of the owner of the colliery had been made in the publication of the bureau of mines in the department of internal affairs. The defendant, the mine owner, was not estopped because of the mistake in the publication from pleading the statute of limitations.

Burke v. Sterrick Creek Coal Co., 15 Pa. Dist. Rep. 643, p. 645.

APPROPRIATIONS-OFFICERS BUREAU OF MINES.

LAWS 1897, 471, P. 475.

1897.

JULY 30, 1897.

AN ACT to provide for the ordinary expenses of the executive, judicial and legislativedepartments of the Commonwealth, etc.

SEC. 1. Be it enacted, etc.:

That the following sums

*

are hereby specifically appropriated for

the several objects hereinafter named for the two fiscal years commencing on June 1, 1897.