1898 - Coalmininghistorypa.org

xxxvi ANNUAL REPORT OF THE Off. Doc.Fourth. The said defendant, at the present time, is working Dun-1 lore vein number two (2j, lying underneath the said Clark vein andhaving no connection with the said second opening by means of aconnection made with the main outlet; the evident intention of thedefendant being to connect Dunmore number two (2) with the Clarkvein by a plane driven up to the Clark vein. They are at the presenttime working twenty men developing the said Dunmore minefor coal and employing the men for the purpose of developing thesaid Dunmore vein, in violation of said act of Assembly, especially01 section 1, article 4, as above set forth; the said Dunmore vein notbeing worked for the purpose of making communication between thetwo outlets to the mines as now located, constructed and maintainedfrom the Clark vein to the surface.Fifth. Your orator has communicated with the officers of thecompany, warned them as to their violation of the provisions of theact of Assembly herein referred to, asked their compliance with theterms and provisions of the said act of Assembly several times withinthe past month; all without avail. He has ordered the mine foremanto stop work until the mines were safe and fitted up in accordancewith the provisions of the law, and, on the first day of March,1898, in the forenoon of said day. notified the president and also thesuperintendent of the defendant, in writing, of his intention to applyfor an injunction in respect to the said mine known as RichmondNumber Three (3), to prevent the defendant from working the saidRichmond Number Three (3) in contravention and violation of theprovisions of the act of Ceneral Assembly, above set forth. Thisin accordance with the provisions of article 15 of the said act of Assembly,above referred to.Sixth. Your orator further sets forth : That the defendant not fonly has failed to comply with the provisions of the said act of Assembly,as above set forth, but threatens to continue to operate thesaid mine in defiance of the law; that a continuance of work at thesaid mine, as it is now maintained, is in the highest degree dangerousto the life and safety of the workmen employed therein;that itis absolutely essential that this mine should stop work until thesaid second opening shall be equipped properly to enable the personsemployed in the mine to readily escape therefrom and until all arrangementscan be made to have a suitable engineer stationed at thesaid second opening at alltimes while the men are employed in the(aid mine, and that steam shall be kept up in the boilers at the saidsecond opening at alltimes while the men are employed in the saidmine, and that steam shall be kept up in the boilers at the said secondopening continuously, and that a second opening shall be made fromDunmore vein number two i2) to the Clark vein.Seventh. This bill in equity is filed and an injunction prayed for