1898 - Coalmininghistorypa.org

No. 11. SEVENTH BITUMINOUS DISTRICT. 447receiving sueli cortilicate, siiice which time he has not acted in thatcapacity. The mine operated by Mr. Fox is small, employing aboutthirty men, and free from dangers and diflticnlties of an nnnsualcharacter, and the general conditions aftectiug the health and safetyof the persons employed do not differ materially from those at themine in which he was woiking when said certificate was granted.No question is raised affecting Mr. AAarner's ability to manage sucha mine.The only question therefor is as to the legal right of Mv. Warnerto act as foreman under the act of 1893.To properly understand the act of 181)o, it is necessary to examinethe corresponding provisions of the act of 1885, which it supi)lies.The fifteenth section of the act of 1885, P. L. 210, provides for theappointment of examining boards, the examination of api)licants forposition of mining boss and the granting of certificates to all personswhose examination shall disclose their fitness for the duties of thatoflSce, ^'provided, that any person who shall have been employedas a miner at least five years in the bituminous mines of Pennsylvania, and as a mining boss continuously by the same person or firmsfor the period of one year next preceding the passage of this actshall be entitled to a certificate without undergoing said examination,but he shall not be employed by any other person or firm withouthaving undergone such examination."It will be observed that there is a marked distinction between ''acertificate of competency," after examination and "a certificate of service"under this act. The first might be granted to any person showingproper knowledge and capacity at any time, and authorized hisemployment at any mine. The second could only be granted toone then actually emplo3ed as a mining boss, and did not authorizehis employment in any other mine than the one in which he wasthen engaged. It w'as evidently intended merelj' to prevent the displacementof a person then emploj^ed.It is clear that when Mr. Warner gave up his employment in 188G,the certificate which he held did not authorize his emph)yment inany mine and that he continued ineligibU' for api)oinlment to anysuch position, unless the disability was removed by the act of 1803.We think that the same distinction between certificales of competencyand certificales of service is found in the act of 1S!>:'>, Art.15, of act of May 15, 1803, P. L. 52. i'ur. Dig. 1370, 208. provides forappointment of examiners and examinalions and issuing of certificatessubstantially the same as in the act -tf 1885 and then piovided"that all ]H'rsons holding certificates ol ((Hiipetency giaiiled underthe provisions of the act to which this is a siipi)lemeiit shall continueto act under this act. and piovided t'urther. that any personacting as iniue foicniiin upon a certificate of ser\ice under the act of40