SEC. 287. In case the inspector becomes incapacitated to per- Substitute inform the duties of his office or receives a leave of absence from spectors. 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.

Right of ac

SEC. 288. That the mine inspectors may be enabled to perform the duties herein imposed upon them, they shall have the right cess. 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 of article twenty-one of this act [sec. 384]. 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 Mines in danhealth, he shall at once notify two of the mine inspectors of the gerous condition. 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 cause, 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.

Accidents.

SEC. 289. Whenever by reason of any explosion or other accidents in any bituminous coal mine or the machinery connected therewith, loss of life or serious personal injury shall occur, it shall be the duty of the person having charge of such mine to give notice thereof forthwith to the mine inspector of the district and also to the coroner of the county, if any person is coroner. killed.

SEC. 290. If the coroner shall determine to hold an inquest, he shall notify the mine inspector of the district of the time and place of holding the same, who shall offer such testimony as he may deem necessary to thoroughly inform the said inquest of the cause of the death, and the said mine inspector shall have authority at any time to appear before such coroner and jury and question or cross-question any witness, and in choosing a jury for the purpose of holding such inquest it shall be the duty of the coroner to empanel a jury, no one of which shall be directly or indirectly interested.

Notice

to

Inquest.

SEC. 291. It shall be the duty of the mine inspector, upon being Inspector to notified of any fatal accident as herein provided, to immediately investigate. repair to the scene of the accident and make such suggestion as may appear necessary to secure the safety of any persons who may be endangered, and if the results of the accident do not require an investigation by the coroner the said mine inspector shall proceed to investigate and ascertain the cause of the accident and make a record thereof, which he shall file as provided for, and to enable him to make the investigation he shall have power to compel the attendance of persons to testify and to administer oaths

Cost.

Complaints against inspectors.

or affirmations, and if it is found upon investigation that the accident is due to the violation of any provisions of this act by any person, other than those who may be deceased, the mine inspector may institute proceedings against such person or persons as provided for in section two of article twenty-one of this act [sec. 384]. SEC. 292. The cost of such investigation shall be paid by the county in which the accident occurred in the same manner as costs of inquests held by the coroners or justices of the peace are paid. SEC. 293. 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.

Once declared SEC. 294. If the court find that the said mine inspector is negvacant, when. lectful 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.

Enforcement

of act.

Appeals.

Hearing.

Costs.

Board of ex. aminers

SEC. 295. 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 persons 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 questions involved in said decision and appeal, and the decision of said court shall be binding and conclusive.

SEC. 296. 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. 297. 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.

SEC. 298. On the petition of the mine inspector the court of comof mon pleas in any county in said district shall appoint an examinmine foremen. ing board of three persons, consisting of a mine inspector, a miner

and an operator or superintendent, which said miner shall have received a certificate of competency as mine foreman in mines generating explosive gases, and the members of said examining board shall be citizens of this Commonwealth, and the persons so appointed shall after being duly organized take and subscribe before an officer authorized to administer the same the following oath, namely: "We, the undersigned, do solemnly swear (or affirm) that we will perform the duties of examiners of applicants for the position of mine foreman and fire bosses of bituminous coal mines to the best of our abilities, and that in certifying or rejecting said applicants we will be governed by the evidence of the qualifications to fill the position under the law creating the same and not by any consideration of personal favor; that we will certify all whom we may find qualified and none others."

SEC. 299. The examining board shall examine any person applying thereto as to his competency and qualifications to discharge the duties of mine foreman or fire boss.

Mine foremen and fire bosses must be able to read and write. 14 Co. C. Rep. 447.

SEC. 300. Applicants for mine foreman or fire boss certificates shall be at least twenty-three years of age, and shall have had at least five years' practical experience, after fifteen years of age, as miners' superintendent at or inside of the bituminous mines of Pennsylvania, and shall be citizens of this Commonwealth and men of good moral character and of known temperate habits.

SEC. 301. The said board shall be empowered to grant certificates of competency of two grades, namely: Certificates of first grade, to persons who have had experience in mines generating explosive gases and who shall have the necessary qualifications to fulfill the duties of mine foreman in such mines; and certificates of second grade, to persons who give satisfactory evidence of their ability to act as mine foreman in mines not generating explosive gases.

** **

Duties.

Applicants.

Certificates.

SEC. 302. The said board of examiners shall meet at the call Meetings, issue of certifiof the mine inspector and shall grant certificates to all persons cates, etc. whose examination shall disclose their fitness for the duties of mine foreman as above classified, or fire boss, and such certificates shall be sufficient evidence of the holder's competency for the duties of said position so far as relates to the purposes of this act: Provided, That all persons holding certificates of competency granted under the provisions of [a previous act] shall continue to act under this act: And provided further, That any person acting as mine foreman upon a certificate of service under * [a previous act] may continue to act in the same capacity at any mine where the general conditions affecting the health and safety of the persons employed do not differ materially from those at the mine in which he was acting when said certificate was granted: Provided, however, That if such mine foreman leaves his present employer and secures employment elsewhere at any mine where in the judgment of the mine inspector of the district the conditions affecting the health and safety of the persons employed do differ materially from those at the mine at which he was employed when his certificate was granted, it shall then be the duty of the mine inspector of the district in which he has secured employment to serve written protest against such mine foreman's employment to the operator of said mine.

com

SEC. 303. The examining board shall hold their office for a period Term, of four years from their appointment, and shall receive five dollars pensation, etc. per day for each day necessarily employed, and mileage at the rate of three cents per mile for each mile necessarily traveled, and all other necessary expenses connected with the examination shall be paid by the Commonwealth. Each applicant before being examined shall pay the examining board the sum of one dollar, and one dollar additional for each certificate granted, which shall

Fire boss to

cate.

be for the use of the Commonwealth. The foregoing examination shall be held annually in each inspection district.

SEC. 304. No person shall act as fire boss in any bituminous coal have certifi- mines, unless granted a certificate of competency by any one of the several examining boards. All applicants applying to any of the examining boards for fire boss certificates shall undergo an oral examination in the presence of explosive gas, and such certificate shall only be granted to men of good moral character and of known temperate habits, and it shall be unlawful for any operator or superintendent to employ any person as fire boss who has not obtained such certificate of competency as required by this act.

Revocation of certificate.

Stretchers,

etc.

Annual reports.

SEC. 305. If the mine foreman or fire boss shall neglect his duties, or has incapacitated himself by drunkenness, or has been incapacitated by any other cause for the proper performance of said duties, and the same shall be brought to the knowledge of the operator or superintendent, it shall be the duty of such operator or superintendent to discharge such delinquent at once and notify the inspector of the district of such action, whereupon it shall be the duty of said inspector to inform the court of common pleas of the county, who shall issue a citation in the name of the Commonwealth to the said operator, superintendent, mine foreman or fire boss to appear at 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. If the court finds that the allegations are true, it shall notify the examining board of such finding and instruct the said board to withdraw the certificate of such delinquent during any period of time that said court may deem sufficient, and at the expiration of such time he shall be entitled to a reexamination.

SEC. 306. [Same as for anthracite mines. See sec. 112, above.] SEC. 307. It shall be the duty of operators or superintendents to keep at the mouth of the draft [drift], shaft or slope, or at such other place about the mine as shall be designated by the mine inspector, a stretcher properly constructed, and a woolen and a waterproof blanket in good condition for use in carrying away any person who may be injured at the mines: Provided, That where more than two hundred persons are employed two stretchers and two woolen and two waterproof blankets shall be kept. And in mines generating fire damp a sufficient quantity of linseed or olive oil bandages and linen shall be kept in store at the mines for use in emergencies, and bandages shall be kept at all mines.

SEC. 308. On or before the twenty-fifth day of January in each year the operator or superintendent of every bituminous coal mine shall send to the mine inspector of the district in which said mine is located a correct report, specifying with respect to the year ending the thirty-first day of December preceding, the name of the operator and officers of the mine and the quantity of coal mined. The report shall be in such form and give such information regarding said mine as may be from time to time required and prescribed by the mine inspector of the district. Blank forms for such reports shall be furnished by the Commonwealth. Duties of SEC. 309. The mine foreman shall attend personally to his duties mine foremen. in the mine and carry out all the instructions set forth in this act, and see that the regulations prescribed for each class of workmen under his charge are carried out in the strictest manner possible. and see that any deviations from or infringements of any of them are promptly adjusted.

Stoppings.

Entries.

Blasting.

SEC. 310. He shall cause all stoppings along the air ways to be properly built.

SEC. 311. He shall see that the entries at such places where road grades necessitate sprags or brakes to be applied or removed shall have a clear level width of not less than two and one-half feet between the side of car and the rib, to allow the driver to pass his trip safely and keep clear of the cars there.

SEC. 312. He shall direct that all miners undermine the coal properly before blasting it, and that blasting shall be done at only such hours as he shall direct, and shall order the miners to

set sprags under the coal when necessary for safety while undermining at distances not exceeding seven feet apart, and he shall not allow the improper drawing of pillars.

SEC. 313. In mines where fire damp is generated when the fur- Furnace fires. nace fire has been put out, it shall not be relighted, except in his presence or that of his assistant acting under his instructions.

Accident

to

SEC. 314. In case of accidents to a ventilating fan or its machinery, or to the fan itself, whereby the ventilation of the mine would ventilating fan. be seriously interrupted, it shall be his duty to order men to immediately withdraw from the mine and not allow their return to their work until the ventilation has been restored and the mine has been thoroughly examined by him or his assistant and reported to be safe.

SEC. 315. He shall see that all dangerous places are properly fenced off and proper danger signal boards so hung on such fencing that they may be plainly seen; he shall also travel all air roads and examine all the accessible openings to old workings as often as is necessary to insure their safety.

Dangerous places.

Order

book

SEC. 316. He shall provide a book or sheet to be put in some convenient place, or places, upon which shall be made a place for for timbers. the numbers used by the miners, with space sufficient to each number so that the miners can write plainly the quantity of props, their approximate length and the number of caps and other timbers which they require, together with the date of the order. Said book or sheets shall be preserved for thirty days from their date.

Duties of fire boss.

SEC. 317. He [the fire boss] shall enter the mine before the men have entered it, and before proceeding to examine the same he shall see that the air current is traveling in its proper course, and if all seems right, he shall proceed to examine the workings. SEC. 318. He shall not allow any person, except those duly au- Unauthorized thorized, to enter or remain in any part of the mine through which persons a dangerous accumulation of gas is being passed in the ventilating current from any other part of the mine.

SEC. 319. He shall frequently examine the edge and accessible parts of new falls and old gobs and air courses, and he shall report at once any violation of this act to the mine foreman.

SEC. 320. He [the miner] shall examine his working place before beginning work and take down all dangerous slate, or otherwise make it safe by properly timbering the same before commencing to dig or load coal, and in mines where fire bosses are employed, he shall examine his place to see whether the fire boss has left the proper marks indicating his examination thereof, and he shall at all times be very careful to keep his working place in a safe condition during working hours.

cluded.

ex

Inspections.

Duties of miner.

SEC. 321. Should he at any time find his place becoming danger- To cease work, ous, either from gas or roof, or from any unusual condition which when. may have arisen, he shall at once cease working, and inform the mine foreman or his assistant of such danger, and before leaving such place he shall place some plain warning at the entrance thereto to warn others from entering into the danger.

Care in min

SEC. 322. It shall be the duty of every miner to mine his coal properly and to set sprags under the coal while undermining to ing. secure it from falling, and, after each blast, he shall exercise great care in examining the roof and coal, and shall secure them safely before beginning work.

SEC. 323. When places are liable to generate sudden volumes of Firing shots. fire damp, or where locked safety lamps are used, no miner shall be allowed to fire shots except under the supervision and with the consent of the mine foreman, or his assistant, or other competent person designated by the mine foreman for that purpose.

SEC. 324. When a driver has occasion to leave his trip he must be careful to see that it is left, when possible, in a safe place, secure from cars or other danger, or from endangering drivers of trips following.

SEC. 325. The driver must take great care while taking his trips down grades to have the brakes or sprags so adjusted that he can

Duties of driver.

Brakes.