erect and maintain fire escapes, or appliances for the extinguishment of fire or for proper and sufficient exits in case of fire or panic, the chief factory inspector or his deputy shall inspect all said buildings, or the room or rooms in said buildings, and notify the owners, lessees, or other persons in charge of same, to comply with said law. And all fire escapes, exits and fire-extinguishing appliances shall be provided and located by order of the chief factory inspector or his deputy, and shall be subject to the approval of the chief factory inspector or his deputy: Provided, That the provisions of this section shall not apply to cities of the first and second classes.

SEC. 23. Any person who violates any of the provisions of the foregoing sections of this act, or who suffers any female, minor or a child to be employed in or about his or her establishment, in violation of any of the provisions of the foregoing sections of this act, or who, being authorized to administer oaths, shall violate any of the provisions of sections 5 and 6 of this act, shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by a fine or not less than twenty-five dollars and not more than five hundred dollars, or an imprisonment in the county jail for a term not less than ten days nor more than sixty days for each and every such violation. In all cases the prosecution shall be instituted, in the name of the Commonwealth, by the deputy fac tory inspector of the district where the offense is alleged to have been committed, and the hearing shall be conducted by the alderman, justice of the peace, or other committing magistrate, before whom the information is lodged. After full hearing of the parties in interest, the alderman, justice of the peace, or other committing magistrate shall, if the evidence warrants it, impose the penalty herein provided, which shall be final to the party against whom the penalty is imposed, unless the party upon whom the penalty is imposed shall furnish good and sufficient bail for his or her appearance at the next term of the court of quarter sessions of the county wherein the offense is alleged to have been committed.

SEC. 24. All fines imposed and collected for any violation of this act shall be forwarded to the chief of the department of factory inspection, who shall pay the same into the office of the State treasurer, for the use of the Commonwealth. SEC. 25. The chief factory inspector shall prepare the form of the employment certificate for children, and the permits, blanks, orders and notices required by this act; the same to be printed in accordance with the laws regulating printing and publishing, under the supervision of the superintendent of public printing and binding. He shall also divide the State into inspection districts, and assign one of the deputy factory inspectors to each district, and may transfer any of the said inspectors from one district to another, and make such rules and regulations governing their employment as the best interests of the service shall require. And he, the deputy factory inspector, and those employed in the office of the chief factory inspector, shall have the same power to administer caths or affirmations as is now given to notaries publie, in all cases where any person desires to verify documents necessary and incident to the issuing of employment certificates for children.

SEC. 26. After the first day of January in each year, the chief factory inspector shall compile or cause to be compiled a succinct statistical and narrative report, to be addressed to the governor of the Commonwealth, of the work of his department for the year ending December 31.

SEC. 27. To more effectually secure the observance of the provisions of this act and the fire-escape laws, the Governor shall appoint, by and with the advice and consent of the Senate, a chief factory inspector, for a term of four years, at a salary of $5,000 per annum; and who shall appoint a chief clerk, at a salary

of $2,000 per annum; a statistician, at a salary of $1,800 per annum; an assistant clerk, at a salary of $1,400 per annum; a messenger, who shall be a typewriter. at a salary of $1,200 per annum, and 39 deputy factory inspectors, five of whom shall be women, at a salary of $1,200 each per annum, and their necessary traveling expenses; the chief factory inspector and his appointees, aforesaid, to constitute the department of factory inspection.

SEC. 28. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed.

ANNOTATIONS.

DANGEROUS MACHINERY.

1. PURPOSE OF ACT.

2. GUARDING MACHINERY-VIOLATION OF STATUTE-LIABILITY.
3. CONTRIBUTORY NEGLIGENCE-QUESTION OF FACT.

4. DEATH OF EMPLOYEE LIABILITY-MEASURE OF DAMAGES.

1. PURPOSE OF ACT.

The purpose of this act was to protect working people by requiring dangerous mechanical appliances when in operation to be guarded. But the necessity for such a guard is a question of fact.

Szawcunas v. Oil Well Supply Co., 64 Pa. Super. Ct. Rep. 53, p. 55.

2. GUARDING MACHINERY-VIOLATION OF STATUTE--LIABILITY,

A mine operator, as to the prohibited employment, is not relieved from llability by giving instructions to a boy employed. This must be the rule if the statutory provision as to the employer of minors is to be practically effected. Hrabchak v. Delaware & Hudson Co., 54 Pa. Super. Ct. Rep. 626, p. 630.

There can be no recovery under this act because of its violation in the failure to provide exhaust fans or other devices to carry off the poisonous gases and fumes where it was determined that such failure to provide a fan was not the proximate cause and in fact had nothing to do in causing the death complained of.

Brenner v. Heany Lamp Co., 242 Pa. St. 121, p. 123.

The failure of a natural gas company to guard a shafting, set screws, and machinery used in operating its plant in violation of section 11 of the Pennsyl vania statute of May 2, 1905 (P. L. 352), renders the company liable for the death of an employee, in the line of his employment, caused by his clothing becoming caught by the revolving shaft and set screws, where it appears that the death of the employee was due to the violation of the statute. Swauger v. Peoples' Nat. Gas Co., 251 Pa. St. 287.

In an action for damages for the death of an employee in a gas-pumping station, the question of the negligence of the deceased in attempting to do the work assigned to him to do by the engineer in charge near an unguarded shaft in violation of this statute is for the jury.

Swauger v. Peoples' Nat. Gas Co., 251 Pa. St. 287, p. 289.

Where an employee was killed while attempting to remove an old wire and substitute a new one on an unprotected shaft that was revolving at a rapid rate, the question of the employee's contributory negligence is one of fact for a jury to determine and not for the determination by a court as a matter of law, where it did not appear that the danger was obvious or imminent. Swauger v. Peoples' Nat. Gas Co., 251 Pa. St. 287.

4. DEATH OF EMPLOYEE LIABILITY-MEASURE OF DAMAGES. *

In an action for damages for the death of a father caused by an unguarded shaft in a natural-gas pumping station, an instruction that adult children who were not members of the decedent's household must show a reasonable expectation of pecuniary benefit from the death of the father was not improper, where the court also charged that the true measure of damages is the pecuniary loss suffered, and that pecuniary loss is what the deceased would have earned by his labor in his business or profession if the injury that caused his death had not befallen him and that would have gone to the support of his family. In fixing this amount, the age of the deceased, his health, ability and disposition to labor, his habits of life and expenditures are proper to be considered. Swauger v. Peoples' Nat. Gas Co., 251 Pa. St. 287, p. 292.

INDUSTRIAL STATISTICS.

COLLECTION OF STATISTICS.

See also Accidents-Investigations and Reports, page 1.

LAWS 1874, P. 135.

MAY 11, 1874.

AN ACT regulating the election of secretary of internal affairs, defining his duties, and fixing his salary.

SEC. 4. The secretary of internal affairs shall exercise all the powers and perform all the duties which at the time of entering upon his office shall appertain to the office of surveyor general. His department shall embrace a bureau of industrial statistics.

The said bureau shall further collect, compile and publish such statistics in regard to the wages of labor and the social condition of the laboring classes as may enable the people of the State to judge how far legislation can be invoked to correct existing evils; and in order to facilitate the duties herein imposed, all corporations, firms or individuals engaged in mining, manufacturing, or other business, and all persons working for wages within this Commonwealth, are hereby required to furnish such statistical information as the chief of said bureau may demand. * * This bureau shall also be required to collect, compile and publish annually the productive statistics of agriculture, mining, manufacturing, commercial and other business interests of the State; and the act of April 12, 1872, entitled "An act to provide for the establishment of a bureau of statistics on the subject of labor, and for other purposes," is hereby repealed from and after the first Tuesday of May, 1875.

The secretary of internal affairs shall discharge such duties relating to corporations, to the charitable institutions, the agricultural, manufacturing, mining, mineral, timber and other material or business interests of the State as may be prescribed by law. It shall be his especial duty to exercise a watchful supervision over the railroad, banking, mining, manufacturing and other business corporations of the State, and to see that they confine themselves strictly within their corporate limits.

94

INJURED MINERS PROVISIONS FOR RELIEF.

PROVISIONS FOR INJURED MINERS.

See also Inspectors and Inspection-Anthracite Mines, p. 109.

Mining Operations, p. 577.

LAWS 1881, P. 17.

MAY 10, 1881.

AN ACT to provide proper means of conveyance of persons, injured in or about the mines, to their homes.

SEC. 1. Be it enacted, etc.:

That from and after the passage of this act, every individual, firm, or corporation, engaged in the mining of anthracite coal in this Commonwealth shall keep at every colliery worked by said individual, firm, or corporation, except as hereafter provided, an ambulance or two stretchers, properly constructed as the mine inspector of the district may deem the most suitable, for the purpose of conveying to their homes or boarding houses any person injured in or about the colliery or mine of such operator or operators, while engaged at his usual or temporary employment.

SEC. 2. If an ambulance, it shall be a closed vehicle with windows, and shall be of sufficient size to convey at least two injured persons, with two attendants, at the same time, and shall be provided with suitable springs, mattresses with roller beds, which may be removed at pleasure, into or from the vehicle, seats for the accommodation of attendants, and sufficient covering for the protection and comfort of the injured; and in all cases the injured person shall be conveyed to his home or boarding house in said ambulance or stretcher, except as in cases hereinafter named.

SEC. 3. Such ambulance or stretcher shall be in charge of one of the superintendents of the colliery or collieries, and in his absence of some person convenient to the colliery, and shall always be kept under cover and in readiness for use. SEC. 4. In case the distance from the colliery to the home or boarding house of the injured person is such that he may be quicker and more conveniently carried by railway, then such a mode of conveyance shall be permitted: Provided, always, That such conveyance be under cover, and the comfort of the injured person be duly provided for.

SEC. 5. It shall be the duty of the mine inspectors of the several anthracitecoal districts in the State to notify, immediately after the passage of this act, every individual, firm or corporation engaged in the mining of coal in their respective districts of the requirements of this act and, not later than six months after such notification, they shall personally visit every colliery in their respective districts, and in case they shall find that any operator or operators have neglected or refused to comply with the requirements of this act, the said inspectors shall, or any other citizen may, forthwith institute proceedings against said operator or operators, before any alderman, magistrate, or justice of the peace, in the county where such colliery or collieries are located.

SEC. 6. In case of the neglect or refusal of any individual, firm, or corporation to comply with the requirements of this act, they shall be subject to a penalty of one hundred and fifty dollars, after hearing and conviction before any alderman or justice of the peace, on the report of said mine inspector, and in default of payment of the same shall be imprisoned for thirty days, unless defendant enter ball for his appearance at next term of quarter sessions, to be tried as for a misdemeanor, and upon conviction said court shall impose a fine not exceeding sald one hundred and fifty dollars.