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

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No. 10. SECOND BITUMINOUS DISTRICT. 265<br />

The article under which <strong>the</strong>y were convicted is as follows:<br />

Article XXI.<br />

"Section 1. Any person or persons whomsoever who shall intentionally<br />

or carelessly injure any shaft, safety lamp, instrument, air<br />

course or brattice, or obstruct or throw open air ways, or take matches<br />

for any purpose, or pipes or o<strong>the</strong>r smokers' articles beyond any station<br />

inside <strong>of</strong> which locked safety lamps are used, or injure any part <strong>of</strong><br />

<strong>the</strong> machinery or open a door in <strong>the</strong> mine and not close it again immediately<br />

or open any door tho opening <strong>of</strong> which is forbidden, or disobey<br />

any order given in carrying out <strong>the</strong> provisions <strong>of</strong> this act, or do<br />

any o<strong>the</strong>r act whatsoever whereby <strong>the</strong> lives or <strong>the</strong> health <strong>of</strong> persons<br />

or <strong>the</strong> security <strong>of</strong> <strong>the</strong> miners or <strong>the</strong> macliinery is endangered, shall<br />

be deemed guilty <strong>of</strong> a misdemeanor and may be punished in a manner<br />

provided for in this article."—Act <strong>of</strong> May 15, 1893, P. L. 87.<br />

In due course, <strong>the</strong> defendants were sentenced to pay a tine and <strong>the</strong><br />

costs <strong>of</strong> prosecution.<br />

The information had been made by Inspector Jenkins before his<br />

term had expired. He, with Inspector Ross, appeared on <strong>the</strong> part<br />

<strong>of</strong> <strong>the</strong> Commonwealth.<br />

I).<br />

R. Jones, Esq., <strong>of</strong> <strong>the</strong> Pittsburg bar, assisted in drawing up <strong>the</strong><br />

indictment, and conducted <strong>the</strong> case for <strong>the</strong> Commonwealth at <strong>the</strong><br />

trialj and John S. Ferguson, Esq., was counsel for <strong>the</strong> defendants.<br />

On information received from Robert Hay, mine boss <strong>of</strong> <strong>the</strong> Standard<br />

mines, belonging to <strong>the</strong> H. C. Frick Coke Company, I instituted<br />

proceedings against Jack Roseman and William Kochesky before<br />

George S. Owens, a justice <strong>of</strong> <strong>the</strong> peace <strong>of</strong> this county, charging <strong>the</strong>m<br />

with intentionally and carelessly opening <strong>the</strong> safety lamps which<br />

each <strong>of</strong> <strong>the</strong>m carried at a place wherein none but locked safety lamps<br />

were allowed to be used by order <strong>of</strong> <strong>the</strong> mine boss, said safety lamps<br />

being burning at <strong>the</strong> time <strong>the</strong>y were opened; also, charging <strong>the</strong>m with<br />

using open lights in working places <strong>of</strong> <strong>the</strong> mine through which firedamp<br />

might be carried in <strong>the</strong> air current in dangerous quantities;<br />

also, charging <strong>the</strong>m witli taking a pipe and o<strong>the</strong>r smokers' articles<br />

into <strong>the</strong> same place.<br />

The information also charged <strong>the</strong> defendants with wrongfully<br />

opening said locked safety lamps and witli injuring <strong>the</strong>m, in violation<br />

<strong>of</strong> section 5 <strong>of</strong> article V, section 1 <strong>of</strong> article XXI, <strong>of</strong> <strong>the</strong> act <strong>of</strong><br />

May 15, 1893, P. L. 52.<br />

A warrant was issued for <strong>the</strong>ir arrest and placed in <strong>the</strong> hand;^ 6"<br />

an <strong>of</strong>lBcer, but at <strong>the</strong> present writing <strong>the</strong> defendants are still at large.<br />

Accompanying this report is a photogra])h and plate <strong>of</strong> a new compressed<br />

air locomotive recently installed at <strong>the</strong> Carbon mines. These.

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