That sections * * 7 of an act, approved May 3, 1909, entitled, “An act to amend sections 1, 2, 3, and 7 of an act, approved May 3, 1905, entitled 'An act amending sections 1, 2, 3, 7 and 15, Article II, of an act, 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,' approved June 8, 1901 (P. L. 1901, p. 535), so as to increase the number of the inspectors and to provide for certain redistricting of inspectors, granting to the qualified electors of Sullivan, Susquehanna and Wayne counties, the right to participate in the election of mine inspectors of the second inspection district," which read as follows: (here follow sections 1, 2, 3, and 7 of the act of 1909), be and the same is hereby amended to read as follows: NOTE.-Sec. 7 only of this amendatory act is inserted here. Secs. 1 and 2 are under the title Inspection Districts. (See p. 105.) Sec. 3 is under the title Miners' Examining Boards. (See p. 268.) SEC. 7. The qualified electors of the several inspection districts mentioned in this act shall elect, respectively, the following number of qualified persons to act as mine inspectors of this Commonwealth, namely: First inspection district.-Six inspectors. Provided, That the present mine inspectors in the several inspection districts shall continue in office until the expiration of the terms for which they have been appointed or elected, and the number of inspectors to be elected at the coming election shall be reduced by the number of inspectors now regularly appointed or elected, and residing and serving in said districts. When the terms of the present inspectors shall expire, their successors shall be elected in accordance with the provisions of this act, until each inspection district shall have its full quota of elected inspectors under this act. Said inspectors, elected under this act, shall be under the direction of the chief of the department of mines, who shall assign districts to the several inspectors in the respective counties in which they are elected; but where an inspector has not enough work or duty to perform in his own inspection district, then it shall be the right of the chief of the department of mines to assign said inspector to work or duty in another adjoining district or territory, wherein the services of said inspector are necessary. And provided further, That whenever owing to the erection of a new district or for any other reason, an inspection district shall be without a duly qualified inspector residing and serving in said district, the judge or judges in whom is vested the power of appointing a board of examiners for that district shall appoint a duly qualified person as inspector of said district, who shall serve as such until his successor is duly elected and qualified. Said appointee shall be one of the persons who shall have filed with the commissioners of that county, in the judge or judges of whose court is vested the appointing power for that district, a certificate from the board of examiners of said district showing that he has passed a successful examination before the said board, and is qualified for the position of inspector. (Amended. See following act.) ANNOTATIONS. INSPECTION DISTRICTS-INSPECTORS. 1. NEW INSPECTION DISTRICTS CREATED. 2. ASSIGNMENT OF INSPECTORS TO DISTRICTS. 3. ELECTION OF INSPECTORS AUTHORIZED. 4. INSPECTORS AS STATE OFFICERS-TIME FOR NOMINATIONS AND ELECTION. 5. BOARD OF EXAMINERS-APPOINTMENT. 1. NEW INSPECTION DISTRICTS CREATED. The act of May 5, 1911 (P. L. 120), creates the eighth inspection district (see p. 131), consisting of three counties, in which but one inspector is elected, while the county of Schuylkill constitutes the fourth district, and four inspectors are elected. These conditions show that the mine inspector is not a county officer. Residence is not a qualification for appointment or election to the office of inspector of mines. Lamb's Nomination Petition, 251 Pa. St. 102, p. 105. 2. ASSIGNMENT OF INSPECTORS TO DISTRICTS. Under this act the chief of the department of mines may assign an inspector to work or duty in an adjoining district. Lamb's Nomination Petition, 251 Pa. St. 102, p. 106. A mine inspector who hasn't enough work or duty to perform in his own inspection district may by the chief of the department of mines be assigned to work or duty in an adjoining district wherein his services are necessary. Lamb's Petition, 43 Pa. County Ct. Rep. 678, p. 681. 8. ELECTION OF INSPECTORS AUTHORIZED. Section 7 of this act authorizes the qualified electors of the several inspection districts to elect the stated number of persons to act as mine inspectors. It authorizes the county court to appoint a board of examiners to examine persons desiring to become candidates for the office in certain named counties, and thereby shows that these examiners are not county officers. Lamb's Nomination Petition, 251 Pa. St. 102, p. 106. 4. INSPECTORS AS STATE OFFICERS-TIME FOR NOMINATION AND ELECTION. Under the act of May 5, 1911 (P. L. 120), providing that the qualified electors of the several inspection districts shall elect qualified persons to act as mine inspectors of the Commonwealth, mine inspectors so elected are State officers and must be elected at the general election in the even-numbered years, and can not be elected at the municipal elections held in the odd-numbered years. Lamb's Nomination Petition, In re 251 Pa. 102. Mine inspectors are State officers and must be elected at the general elections and nominated at the spring primaries in the even-numbered years. Lamb's Petition, 43 Pa. County Ct. Rep. 678, p. 682. A petition filed in the office of the county commissioners by a person asking to have his name printed on the official ballot as a candidate for the office of mine inspector. at the fall primary for the year 1915 is fatally defective, as State officers can not be nominated in the odd-numbered years. Lamb's Petition, 43 Pa. County Ct. Rep. 678, p. 683. An inspector in the eighth district is not a county officer, as he could not be such consistently with the constitutional provision requiring a person appointed to an office within any county to be a citizen thereof. Residence is not a qualification for appointment or election to the office of inspector of mines. Lamb's Petition, 43 Pa. County Ct. Rep. 678, p. 680. 5. BOARD OF EXAMINERS-APPOINTMENT. Section 7 of this act authorizes the court of Schuylkill County to appoint a board of examiners to examine persons desiring to become candidates for the office of mine inspector in the counties of Schuylkill, Columbia, Northumberland, and Dauphin. Lamb's Petition, 43 Pa. County Ct. Rep. 678, p. 681. NUMBER OF INSPECTORS INCREASED-FIFTH AMENDMENT. LAWS 1915, P. 651. JUNE 1, 1915. AN ACT amending section 7 of an act entitled "An act, etc. (same as in sec. 1), increasing the number of inspectors to be elected in the first and second inspection districts." SEC. 1. Be it enacted, etc.: That section 7 of an act, entitled "An act to amend sections 1, 2, 3, and 7 of an act, approved May 3, 1909, entitled 'An act to amend sections 1, 2, 3, and 7 of an act, approved May 3, 1905, entitled "An act amending sections 1, 2, 3, 7, and 15, Article II, of an act, entitled 'An act to provide for the health and safety of persons employed in an about the anthracite coal mines of Pennsylvania, and for the protection and preservation of property connected therewith,' approved June 8, 1901 (P. L., 1901, p. 535, etc.); increasing the number of inspectors and inspection districts, providing for the examination of candidates for Dauphin County, and providing for certain redistricting of inspectors," granting to the qualified electors of Sullivan, Susquehanna, and Wayne Counties the right to participate in the election of mine inspectors of the second inspection district;' so as to increase the number of inspection districts by making the counties of Susquehanna, Wayne, and Sullivan a separate district; providing for the appointment of a board of examiners for said district, and for the examination and election of an inspector therefor, and for the appointment of an inspector therefor until such time as an inspector should be duly elected,” approved May 5, 1911, which reads as follows (here follows sec. 7 of the act of 1911, see page 131), be, and the same is hereby, amended to read as follows: SEC. 7. The qualified electors of the several inspection districts mentioned in this act shall elect, respectively, the following number of qualified persons to act as mine inspectors of this Commonwealth, namely: First inspection district-Nine inspectors. Second inspection district-Six inspectors. Third inspection district-One inspector. Fourth inspection district-Four inspectors. Provided, That the present mine inspectors in the several Inspection districts shall continue in office until the expiration of the terms for which they have been appointed or elected, and the number of inspectors to be elected at the coming election shall be reduced by the number of inspectors now regularly appointed or elected, and residing and serving in said districts. When the terms of the present inspectors shall expire, their successors shall be elected in accordance with the provisions of this act, until each inspection district shall have its full quota of elected inspectors under this act. Said inspectors, elected under this act, shall be under the directions of the chief of the department of mines, who shall assign districts to the several inspectors in the respective counties in which they are elected; but, where an inspector has not enough work or duty to perform in his own inspection district, then it shall be the right of the chief of the department of mines to assign said inspector to work or duty in another adjoining district or territory, wherein the services of said inspector are necessary. And provided further, That whenever, owing to the erection of a new district or for any other reason, an inspection district shall be without a duly qualified inspector residing and serving in said district, the judge or judges in whom is vested the power of appointing a board of examiners for that district shall appoint a duly qualified person as inspector of said district, who shall serve as such until his successor is duly elected and qualified. Said appointee shall be one of the persons who shall have filed with the commissioners of that county, in the judge or judges of whose court is vested the appointing power for that district, a certificate from the board of examiners of said district showing that he has passed a successful examination before the said board, and is qualified for the position of inspector. LAWS 1901, P. 342. DUTIES OF INSPECTORS. MAY 29, 1901. AN ACT relating to anthracite mines, and providing for the care and life and attention of employees injured in and about said mines. * NOTE.-Secs. 1, 2, 3, 6, 7, and 8 are under the appropriate title Injured Miners. (See p. 98.) SEC. 4. It shall be the duty of the mine inspector to visit each of the medical rooms in his district at least once in six months; see that the law is complied with; examine records of the medical room. He shall notify the county coroner of any neglect or noncompliance with the provisions of this act by any operator, which information shall be regarded as evidence on any inquest that may be held on employees dying from injuries received while working in such anthracite mine. SEC. 5. The neglect or refusal to perform the duties required to be performed by any section of this act by the parties therein required to perform them or the violation of any of the requirements hereof shall be deemed a misdemeanor, and shall, upon conviction thereof in the court of quarter sessions of the county wherein the misdemeanor was committed, be punish able by a fine not exceeding five hundred dollars, or imprisonment in the county jail for a period not exceeding six months, or both, at the discretion of the court. BITUMINOUS MINES. DUTIES OF INSPECTORS-REMOVAL See also Mining Operations-Bituminous Mines, p. 686. LAWS 1877, P. 56. APRIL 18, 1877. AN ACT providing the means for securing the health and safety of persons employed in the bituminous coal mines of Pennsylvania. NOTE.-Secs. 9, 10, 12, 13, 15, and 17 of this act are inserted here. The body of the act is under the title Mining Operations-Bituminous Coal Mines. (See p. 686.) SEC. 9. Each inspector of bituminous coal mines shall, before entering upon the discharge of his duties, give bond in the sum of five thousand dollars, with sureties to be approved by the president judge of the district in which he resides, conditioned for the faithful discharge of his duty, and take an oath (or affirmation) to discharge his duties impartially and with fidelity to the best of his knowledge and ability. SEC. 10. No person who shall act as a manager or agent of any coal mine or as a mining engineer, or to be interested in operating any coal mine, shall at the same time act as an inspector of coal mines under this act. * SEC. 12. The inspectors of bituminous coal mines shall each devote the whole of his time to the duties of his office; it shall be his duty to examine the mines in his district as often as possible to see that all the provisions of this act are observed and strictly carried out; and he shall make a record of all examinations of mines, showing the condition in which he finds them, the number of mines in his district, the number of persons employed in and about each mine, the extent to which the law is obeyed, the progress made in the improvement sought to be secured by the passage of this act, the number of accidents and deaths resulting from injuries received in the mines, and all other facts of public interest concerning the condition and progress of mining in his district, which record shall on or before the first Monday of each month, together with all matters and things furnished him, in accordance with the provisions of this act, be filed in the office of the secretary of internal affairs, to be by him recorded and included in the annual report of his department; he shall also from the time of his commission make strict and careful inquiry and examination into the condition of the ventilation and drainage of the mines. SEC. 13. That the inspectors may be enabled to perform the duties herein imposed upon them, they shall have the right at all times to enter any bituminous coal mine to make examination or obtain information; they shall notify the owners, lessees or agents immediately of the discovery of any violations of this act and of the penalty imposed thereby for such violation, and in case of such notice being disregarded for the space of ten days they shall institute a prosecution against the owner, owners, agent, or lessee of the mine, under the provisions of section sixteen of this act; in any case however where, in the judgment of the inspector of either district, delay may |