Report of the Bureau of Mines of the Department of Internal Affairs of ...

No. 10. MINING LAWS OF PENNSYLVANIA. cxiii
dangered, and if the results of the accident do not lequire 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 persous to testify, and to administer oaths 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
tAventy-oue of this act.
Section 4. 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 coroners or justices of the peace are paid.
ARTICLE XIII.
Neglect or Incompetence of Inspectors.
Section 1. The court of common pleas in any county or district,
uj)on 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
iiioie 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 said petitioners.
Section 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
sajne to the Governor, W'ho shall declare the office
of said mine insjjcctor
vacant and proceed in compliance with the provisions of this
act to
if
supply the vacancy; and the costs of said investigation shall,
(he charges are sustained, be imposed upon the mine inspector, but
if the charges are not sustained, thex shall be imposed upon the
petitioners.
ARTICLE XIV.
Discretionary Powers of Inspectors, Arbitration, Et Cetera.
Section 1. The mine inspectors 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 w'ith
any decision the mine inspector may arrive at in the discharge o.f his
duties under this act. which said decision shall be in
H—]()—97
writing signed