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

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264 REPORT OF THE INSPECTORS OF MINES. Off. Doc.<br />

my first visit, I<br />

found some mines in which <strong>the</strong>y had been sadly neglected.<br />

However, I have called <strong>the</strong> attention <strong>of</strong> those in charge to<br />

this matter and am pleased to note that several have complied with<br />

my request, but am sorry to say that <strong>the</strong>re are a few m ho seem somewhat<br />

slow to act in this regard. Why <strong>the</strong>y do not, I am unable to say.<br />

Ano<strong>the</strong>r very bad practice prevails in some mines in <strong>the</strong> district,<br />

and that is <strong>the</strong> use <strong>of</strong> what are known as mixed lights in mines where<br />

fire-damp is being generated, especially when it is found and reported<br />

on rib falls by <strong>the</strong> fire boss in <strong>the</strong> morning, and safety lamps<br />

are given to <strong>the</strong> men who work in <strong>the</strong>se places.<br />

This would be proper<br />

not al-<br />

if <strong>the</strong> safety lamps were allowed to remain <strong>the</strong>re, but this is<br />

ways <strong>the</strong> case, as, very <strong>of</strong>ten, ano<strong>the</strong>r examination <strong>of</strong> <strong>the</strong> place is<br />

made b}' <strong>the</strong> mine foreman or fire boss after <strong>the</strong> men have commenced<br />

work, and if no fire-damp is <strong>the</strong>n found, <strong>the</strong> safety lamps are taken<br />

from <strong>the</strong> men and <strong>the</strong>y are allowed to work with open lights,<br />

notwithstanding that in manj^ j)laces where pillars are being drawn,<br />

<strong>the</strong> fall has closed <strong>the</strong> place up until it is impossible to tell whe<strong>the</strong>r<br />

or not <strong>the</strong>re is any fire-damp two feet above <strong>the</strong> level <strong>of</strong> <strong>the</strong> root.<br />

This kind <strong>of</strong> management I am positively opposed to, and <strong>the</strong> managers<br />

<strong>of</strong> such mines are well aware <strong>of</strong> <strong>the</strong> fact, as I have given <strong>the</strong>m<br />

my opinion on each visit made to <strong>the</strong>ir mines.<br />

Three parties were convicted in <strong>the</strong> quarter session court <strong>of</strong> Allegheny<br />

county, June session, 1897, for violation <strong>of</strong> section 1, article<br />

XXI, <strong>of</strong> <strong>the</strong> bituminous mining laws <strong>of</strong> 1893. There had been a dispute<br />

between <strong>the</strong> owner <strong>of</strong> <strong>the</strong> surface, and <strong>the</strong> lessee <strong>of</strong> <strong>the</strong> Ocean<br />

mine, in Wilkins township, about <strong>the</strong> right <strong>of</strong> <strong>the</strong> latter to ventilate<br />

through <strong>the</strong> surface. The defendants were sons <strong>of</strong> <strong>the</strong> owner <strong>of</strong> <strong>the</strong><br />

surface, and about <strong>the</strong> 28th <strong>of</strong> March, 1897, <strong>the</strong>y obstructed <strong>the</strong> air<br />

shaft by throwing boards and dirt over <strong>the</strong> mouth <strong>of</strong> it, and so obstucting<br />

<strong>the</strong> ''outcast,'' that <strong>the</strong> smoke from <strong>the</strong> furnace was driven<br />

back into <strong>the</strong> rooms, and some <strong>of</strong> it was seen coming out <strong>of</strong> <strong>the</strong> pit<br />

mouth.<br />

This vitiated <strong>the</strong> air all through <strong>the</strong> mine, but as it generated no<br />

noxious gases, no accident occurred.<br />

In order to bring <strong>the</strong> case under <strong>the</strong> provisions <strong>of</strong> <strong>the</strong> mining laws,<br />

it was necessary to prove that at least ten persons were employed in<br />

<strong>the</strong> mine on <strong>the</strong> date <strong>of</strong> <strong>the</strong> <strong>of</strong>fense, and this was done by calling some<br />

<strong>of</strong> those who were working in <strong>the</strong> mine on that day, and by those who<br />

could testify to having seen that number in <strong>the</strong> mines that day.<br />

During <strong>the</strong> trial, <strong>the</strong> defense <strong>of</strong>fered pro<strong>of</strong> bearing on <strong>the</strong> civil phase<br />

<strong>of</strong> <strong>the</strong> issue, but this was ruled out by Judge Stowe, who held that<br />

this phase <strong>of</strong> <strong>the</strong> case should be settled in <strong>the</strong> equity courts, and<br />

that <strong>the</strong> only question at issue was whe<strong>the</strong>r or not <strong>the</strong> defendants<br />

had obstructed <strong>the</strong> air course.

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