1898 - Coalmininghistorypa.org

No. 11. BUREAU OF MINES. xxxiiiat the Riclimoud Colliery, operated by the Elk Hill Coal aiid IrouCompany. On examination it was found that the said company wasoperating its mine in contravention of article 4, section 1, of the antnracitemine laws, also section 3 of article 4 and section 10 of samearticle. After being told by the superintendent and fire boss of thecolliery that under existing conditions they did not consider the minesafe to work in, and that they had so informed the general manager,who, thej'^ said, would not allow the necessary improvements to bemade, and having also been informed by the Mine Inspector thathe had several times called the attention of the mine officials to theviolations of the mine law, together with personal observation ofthe conditions tJiat maintained at tlie colliery, the Inspector was.idvised to Itgally proceed against the Elk Hill Coal and Iron Company.A notice was therefore given the superintendent and managerthat unless they should comply with the instructions of the Inspectorand the requirementsi of the law^, the courts would be askedfor an injunction restraining tliem from operating the mine. Noheed having been taken, application was made to the common pleascourt of Lackawanna county, as authorized by article 15 of the anthracitemine laws.Owing to the tenacity with which this case was fought in thecourts and the undoubted justice of the judge's decision which wasso forcibly emphasized by the burning of the fan house afterw^ards,which showed that had the second opening not been provided, themen in the mine would have been lost, a copy of the bill of complaintisreproduced, together with the defendant's answer and the court'sfindings in the case in full, also an article from the "Scranton Times,"of July 20, 1808, which shows how necessary it is to have an availablesecond opening at all mines, and especially at this one.Injunction.The bill of complaint filed in the case was as follows:"Your orator complains and says:"First.Your orator, acting in behalf of the Commonwealth, saysthat he is IMine Inspector for the First anthracite mining district ofthe State of Pennsylvania and Inspector of Mines therefor, dulyappointed, qualified, sworn and acting as provided by law; thatas such it is his duty to have sui)ervision over the operation of allIhe anthracite mines within his district; that the said First districtembraces all that portion of the Lackawanna coal field lying northeastof East and ^^'est Market streets, in the city of Scranton, andSlocum and Drinker streets, in the borough of Dunmore, includingthe upper or northern portion of the county of Lackawanna."Second. The Elk Hill Coal and Iron Company, the above namedC—11—OS