1898 - Coalmininghistorypa.org

iNo, 11. BUREAU OF MINES. XMcixol' complainant's bill, and aver that we have strictly complied wiLiisection 1. article 4 of the said act cited by complainants, in thatv.liile working to provide the required second outlet from the saidDunmore vein No. 2, we have not at any time kept employed morethan twenty men in the said lift of said mine, to wit, in Dunmorevein No. 2, during the progress of driving a slope to the Clark veinand furnish a second outlet from Dunmore vein No. 2 by way of saidslope and the second outlet from the Clark vein to the surface, inaddition to the outlet from both of said veins by way of the mainshaft. We deny that either the letter or spirit of the said act of Assemblyis violated by employing men to develop the coal in a liftor vein while the work of driving a second outlet isprogressing, solong as not more than twenty men are employed in the said liftvein at one time during the progress of said work.''Fourth. We admit that we have been, as alleged in the tifth paragraphof plaintiff's bill, notified by the relator that in his opinion we.were violating the law, but aver that we informed the said relatorthat we were advised and believed we were living up to the strictterms of the law, and we so now aver. We admit having receivedthe notice of the application for an injunction so alleged in said fifthparagraph."Fifth. We deny wholly the allegations contained in the sixth paragraphof complainant's bill."Having fully answered all the material allegations of the plaintiff'sbill, the defendants pray to be hence dismissed with their reasonablecosts in this behalf most unjustl}' incurred, and they willever pray/'The following requests for findings of fact and law by the courtwere made by the plaintiff and defendant.orPlaintiff's Requests."First. That the strata in the mine of the defendant known asRichmond No. 3 is below water level and is reached and mined byshafts;that the main shaft from the surface goes through the rock,the fourteen foot, the Clark and Dunmore No. 1 to the Dunmore veinNo. 2; that the distance from the surface to the Clark vein is 360feet, and that the distance from the Clark vein tO' the Dunmore No. 2is150 feet."Second. That the vein known as Dunmore No. 2 is difficult tomine on account of the unusual accumulation of gas in said vein andis worked by flameless powder and protected lamps on account ofthe unusual quantity of gas, and the stoppage of the fan rendersthe workings dangerous and impracticable."Third. That in said Dunmore vein the main shaft was completed