Reports of the Inspectors of Mines of the anthracite and bituminous ...

No. 12.] Fourth Anthracite District. 95
of the act of June 2, 1891, is the same, except that the words italicized
are omitted.
Notwithstanding- this provision of the Law, the defendant company-
proposes to build a breaker at shaft number four in substantially the
same position as the former one, which, as we have seen, was practically
over the mouth of the shaft. The question \ve are called upon to decide
is whether, upon the facts stated, this will be lawful. It has been well
said that the police power of a state is a proper subject for description
rather than definition, and I shall not undertake what abler men have
confessed their inability to do. But after a careful and thorough exam-
ination of the question we have no doubt that the regulation under con-
sideration is one which was fairly within the power of the legislature to
make. It is quite as unobjectionable on constitutional g-rounds as a
law permitting municipal corporations to establish fire limits and to
prohibit the erection of frame buildings within the same, or as the law
requiring the owners of hotels, manufactories, etc., to provide fire escapes,
or as those provisions of the first mine ventilation law wdiich were sus-
tained as within the constitutional poAvers of the legislature. Speakingof
the act of 1870, Judge Harding said: "Of its constitutionality we
have not the slightest doubt. It stands upon the statute books, known
of all men, as the ofifspring- of 'Avondale.' Of its propriety and necessity
the law making i)ower Avas taught not a moment too early." Com. v.
Bonnell, 8 Phila. 534. Judge Dana said: "It is entitled 'An act provid
ing- for the health and safety of persons employed in coal mines.' Its
provisions, prohibitions and penalties are directed to this end. The
melancholy record of mining casualties in this and other coal fields
called for legislative protection. The application and enforcement of
the law in a case where, from the circumstances beyond the operator's
control, compliance with its provisions is rendered impossible, may work
hardship. But when the question is brought to the practical issue, is
capital or human life to be sacrificed, can the answer be doubtful?"
Com. V. Tompkins, 1 Luz. Leg-. Reg. 341. Speakmg- of the same act,
Mr. Justice Clark said: "This act of assembly was passed after the sad
and memorable disaster which occurred at the Avondale mine on the sixth
day of September, 1869. That mine had but a single shaft, the hoisting-
shaft; the brattice enclosing the air jDassage caught fire from some cause
unknown, and very soon the only entrance to, or means of exit from, the
mine was filled with burning timbers, fire and smoke. The breaker
and buildings covering the shaft were entirely consumed, and one
hundred and eight unfortunate miners instantly perished. This great
public calamity and the investigation which followed, revealed the fact
that the business of mining- was neglig-ently conducted, and that the
lives of miners were constantly imperiled. Public sentiment demanded
that this should be the subject of legislative provision, and this statute
embodies the action of the leg-islature thereon." Haddock r. Com., 103