mine inspector for the unexpired term, and any vacancy that may occur in the examining board shall be filled by the governor of this Commonwealth.

SEC. 8. Each inspector of mines shall receive for his services an annual salary of three thousand dollars and actual traveling expenses, to be paid quarterly by the State treasurer upon warrant of the auditor general, and each mine inspector shall keep an office in the district for which he is commissioned and he shall be permitted to keep said office at his place of residence: Provided, That a suitable apartment or room be set off for that purpose. Each mine inspector is hereby authorized to procure such instruments, chemical tests, and stationery and to incur such expenses of communication from time to time, as may be necessary to the proper discharge of his duties under this act, at the cost of the State, which shall be paid by the State treasurer upon accounts duly certified by him and audited by the proper department of the State.

SEC. 9. All instruments, plans, books, memoranda, notes and other material pertaining to the office shall be the property of the State, and shall be delivered to their successors in office. In addition to the expenses now allowed by law to the mine inspectors in enforcing the several provisions of this act they shall be allowed all necessary expenses by them incurred in enforcing the several provisions of said law in the respective courts of the Commonwealth, the same to be paid by the State treasurer on warrants drawn by the auditor general after auditing the same; all such accounts presented by the mine inspector to the auditor general shall be itemized and first approved by the court before which the proceedings were instituted.

SEC. 10. Each mine 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, conditional for the faithful discharge of his duties to, and take an oath or affirmation to discharge his duties impartially and with fidelity to the best of his knowledge and ability. But no person who shall act as manager or agent of any coal mine, or as a mining engineer, or is interested in operating any coal mine shall, at the same time, act as mine inspector of coal mines under this act.

SEC. 11. Each inspector of bituminous coal mines shall devote the whole of his time to the duties of his office. It shall be his duty to examine each mine in his district as often as possible, but a longer period of time than three months shall not elapse between said examinations, 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, especially with reference to ventilation and drainage, the number of persons employed in each mine, the extent to which the law is obeyed, and progress made in the improvement of mines, the number of serious accidents and the nature thereof, the number of deaths resulting from injuries received in or about the mines with the cause of such accident or death, which record completed to the thirty-first day of December of each and every year, shall, on or before the fifteenth day of March following, 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.

SEC. 12. It shall be the duty of the mine inspector, on examination of any mine, to make out a written or partly written and partly printed report of the condition in which he finds such mine and post the same in the office of the mine or other conspicuous place. The said report shall give the date of the visit, the number of cubic feet of air in circulation and where measured, and that he has measured the air at the cut through of one or more rooms

in each heading or entry, and such other information as he shall deem necessary, and the said report shall remain posted in the office or conspicuous place for one year and may be examined by any person employed in or about the mine.

SEC. 13. In case the inspector becomes incapacitated to perform the duties of his office or receives a leave of absence from the same from the governor, it shall be the duty of the judge of the court of common pleas of his district to appoint, upon said mine inspector's application or that of five miners or five operators of said inspector's district, some competent person, recommended by the board of examiners, to fill the office of inspector until the said inspector shall be able to resume the duties of his office, and the person so appointed shall be paid in the same manner as is hereinbefore provided for the inspector of mines.

ARTICLE XI.

INSPECTORS' POWERS, ETC.

SEC. 1. That the mine 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 examinations or obtain information, and upon the discovery of any violation of this act, they shall institute proceedings against the person or persons at fault under the provisions of section two or article twenty-one of this act. In case, however, where, in the judgment of the mine inspector of the district any mine or part of mine is in such dangerous condition as to jeopardize life or health, he shall at once notify two of the mine inspectors of the other districts, whereupon they shall at once proceed to the mine where the danger exists and examine into the matter, and if, after full investigation thereof, they shall be agreed in the opinion that there is immediate danger, they shall instruct the superintendent of the mine in writing to remove such condition forthwith, and in case said superintendent shall fail to do so, then they shall apply in the name of the Commonwealth, to the court of common pleas of the county, or in case the court shall not be in session, to a judge of the said court in chambers in which the mine may be located for an injunction to suspend all work in and about said mine, whereupon said court or judge shall at once proceed to hear and determine speedily the same, and if the cause appear to be sufficient, after hearing the parties and their evidence, as in like cases, shall issue its writ to restrain the working of said mine until all cause of danger is removed, and the cost of said proceedings shall be borne by the owner, lessee or agent of the mine: Provided, That if said court shall find the cause not sufficient, then the case shall be dismissed and the costs shall be borne by the county wherein said mine is located.

ARTICLE XIII.

NEGLECT OR INCOMPETENCE OF INSPECTORS.

SEC. 1. The court of common pleas in any county or district, upon a petition signed by not less than fifteen reputable citizens who shall be miners or operators of mines, and with the affidavit of one or more of said petitioners attached setting forth that any inspector of mines neglects his duties or is incompetent or that he is guilty of a malfeasance in office, shall issue a citation in the name of the Commonwealth to the said mine inspector to appear on not less than fifteen days' notice, upon a day fixed, before said court, at, which time the court shall proceed to inquire into and investigate the allegations of the petitioners.

SEC. 2. If the court find that the said mine inspector is neglectful of his duties or incompetent to perform the duties of his office or that he is guilty of malfeasance in office, the court shall certify the same to the governor, who shall declare the office of said mine inspector vacant and proceed in compliance with the provisions of this act to supply the vacancy; the costs of said investigation shall, if the charges are sustained, be imposed upon the mine inspector, but if the charges are not sustained they shall be imposed upon the petitioners.

ARTICLE XIV.

DISCRETIONARY POWERS OF INSPECTORS-ARBITRATION.

SEC. 1. The mine inspector shall exercise a sound discretion in the enforcement of the provisions of this act, and if the operator, owner, miners, superintendent, mine foreman or other persons employed in or about the mine as aforesaid shall not be satisfied with any decision the mine inspector may arrive at in the discharge of his duties under this act, which said decision shall be in writing signed by the mine inspector, the said owner, operator, superintendent, mine foreman or other person specified above shall either promptly comply therewith or within seven days from date thereof appeal from such decision to the court of quarter sessions of the county wherein the mine is located, and said court shall speedily determine the question involved in said decision and appeal and the decision of said court shall be binding and conclusive.

SEC. 2. The court or the judge of said court in chambers may, in its discretion, appoint three practical, reputable, competent, and disinterested persons whose duty it shall be, under instructions of the said court, to forthwith examine such mine or other cause of complaint and report, under oath, the facts as they exist or may have been together with their opinions thereon, within thirty days after their appointment. The report of said board shall become absolute unless exceptions thereto shall be filed within ten days after the notice of the filing thereof by the owner, operator, mine superintendent, mine foreman, mine inspector and other persons, as aforesaid, and if exceptions are filed the court shall at once hear and determine the same and the decision shall be final and conclusive.

SEC. 3. If the court shall finally sustain the decision of the mine inspector then the appellant shall pay all costs of such proceedings, and if the court shall not sustain the decision of the mine inspector then such costs shall be paid by the county: Provided, That no appeal from any decision made by any mine inspector which can be immediately complied with shall work as a supersedeas to such decision during the pendency of such appeal, but all decisions shall be in full force until reversed or modified by the proper court.

ANNOTATIONS.
INSPECTION.

1. DANGEROUS CONDITIONS-MINERS TO CEASE WORK-INSPECTOR'S POWERS.
2. PERMISSIBLE EXPLOSIVES-INSTRUCTIONS BY DEPARTMENT OF MINES.
3. INSPECTION BY NONCERTIFIED PERSON-SIGNING REPORT.

NOTE. For additional annotations see Fire Bosses-Employment and Duties; Mine Foremen Employment and Duties; Miners' Examining Board, and Mining Operations.

1. DANGEROUS CONDITIONS-MINERS TO CEASE WORK-INSPECTOR'S POWERS. Under this act a mine inspector has the power only to order miners to cease work until the law is complied with and to prevent them from working or the mine operator from working them until the law is complied with.

Mine Inspector, In re, 14 Pa. County Ct. Rep. 96.

A mine inspector has the power to order miners to cease working in places contemplated under section 3 of Article VI of the act of May 15, 1893; and he has power to compel the mine operator to put such place in a lawful condition. Mine Inspector, In re, 14 Pa. County Court Rep. 96.

The powers of a mine inspector are statutory and in derogation of the rights of employees and of private contract. A mine inspector has no power to reinstate or to order the reinstatement of miners where they have been removed from the place contemplated in section 3 of Article VI of the act of May 15, 1893. Mine Inspector, In re, 14 Pa. County Court Rep. 96.

2. PERMISSIBLE EXPLOSIVES-INSTRUCTIONS BY DEPARTMENT OF MINES. Instructions given to mine inspectors in reference to the use of “permissible" explosives is within the authority conferred upon the chief of the department of mines by the act of April 14, 1903 (P. L. 180). The department of mines is also authorized to enforce all provisions in the mining laws of this Commonwealth.

Explosives, In re, 37 Pa. County Ct. Rep. 641 (Opinion of Attorney General).

3. INSPECTION BY NONCERTIFIED PERSON-SIGNING REPORT.

It is not lawful or proper under this act for a noncertified man to make an examination of a bituminous coal mine, and if such an examination is made by a noncertified man, the fact that the mine foreman signed the fire boss's report book does not legalize such action.

Fire Bosses, In re (Opinion of Attorney General), 18 Pa. Dist. Rep. 768. Fire Bosses' Reports, In re (Opinion of Attorney General), 36 Pa. County Ct. Rep. 146, p. 147.

The fact that the mine foreman signed a report or certificate of examination of a bituminous coal mine made by an uncertified miner does not legalize the report.

Fire Bosses, In re (Opinion of Attorney General), 18 Pa. Dist. Rep. 768.

APPOINTMENT AND DUTIES.

See also Mining Operations-Bituminous Mines, page 686.

LAWS 1911, P. 756.

JUNE 9, 1911.

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

NOTE. A copy of sec. 3 of Article IX, and secs. 5 to 14, inclusive, of Article XIX, and Articles XX, XXI, XXII, of this act, are inserted here. The body of the act is under the title Mining Operations-Bituminous Coal Mines. (See p. 740.)

ARTICLE IX.

DUTY AS TO VENTILATION.

SEC. 3. The mine foreman shall see that proper cut-throughs are made in all the room pillars, at such distances apart as in the judgment of the inspector may be deemed requisite, not more than thirty-five nor less than sixteen yards each, for the purpose of ventillation.

ARTICLE XIX.

APPOINTMENT, DutieS, AND SALARIES.

SEC. 5. The governor shall, from the names certified to him by the examining board, commission one person to be inspector for each district, in pursuance of this act, whose commission shall be for a full term of four years from the fifteenth day of May following the regular examinations. Each inspector appointed under the provisions of the act of May 15, 1893, may continue in office until May 15, 1913.

After the passage of this act, the chief of the department of mines shall have the right to assign the inspectors to the districts for which, in his opinion, they are best fitted.

SEC. 6. When a vacancy occurs in said office of inspector, the governor shall commission for the unexpired term, from the names on file in the department of mines, a person who has received an average of at least ninety per centum. When the number of candidates who have received an average of at least ninety per centum shall be exhausted, the governor shall cause the aforesaid examining board to meet for a special examination, and examine the persons who may present themselves for examination in accordance with section three of this article, and the board shall certify to the governor, and also to the chief of the department of mines, the names of all applicants who have made a general average of at least ninety per centum in said examination, as provided for in section four of this article; one of whom shall be commissioned by the governor, according to the provisions of section five of this article, for the office of inspector for the unexpired term. In conducting the said special examination the board shall comply with all the requirements of sections three and four of this article.

SEC. 7. After the passage of this act, the salary of the inspectors shall be three thousand dollars a year, to be paid quarterly by the State treasurer, on warrant of the auditor general, issued upon the presentation of voucher approved by the chief of the department of mines. Each inspector may also incur traveling expenses, and such other expenses as may be necessary for the proper discharge of his duties under the provisions of this act, which shall be paid quarterly by the State treasurer, on warrant of the auditor general, issued upon presentation of vouchers properly made out and sworn to by the inspector and approved by the chief of the department of mines. Each inspector shall have an office in his district, which may be at his place of residence; provided that a suitable room, approved by the chief of the department of mines, be set apart for that purpose. The chief of the department of mines shall have authority to procure for the inspectors, on their request, furniture, instruments, chemicals, typewriters, stationery, and all other necessary supplies, which shall be paid for by the State treasurer, on warrant of the auditor general, issued upon presentation of vouchers approved by the chief of the department of mines. All furniture, instruments, plans, books, memoranda, notes and other materials pertaining to the office of inspector, shall be the property of the State, and shall be delivered by the inspector to his successor in office.

SEC. 8. The inspectors shall be allowed all necessary expenses incurred by them in enforcing the several provisions of this act in the respective courts of this Commonwealth (provided they have the consent of the department of mines before such expense is incurred), the same to be paid by the State treasurer, on warrant of the auditor general, issued upon presentation of itemized vouchers approved by the court before which the proceedings were instituted, and also by the chief of the department of mines.

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