New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-07-04
PROTECTION FOR MINERS.
THE NEW LAW SUSTAINED IN COURT.

| WuKFsBARRE Penn, July "a decision
was rendered to-day, IN the OF The Commonwealth
of Pennsylvania ex rel. Thomas NJ. Williams, Inspector
Of Mines aet samuel Bonne jr and others, where Tor
the first time since the Mine Ventilation Ia" was
enacted 10 months agO, that law has been construed anu
enforced The charges against the defendants VINO are
owners and managers OF coliery in Luzerne County,
are that in the mine, there is no communication Win
any second opening outlet which may serve as place
of egress for the miners that metal tube was not
maintained from the top to the bottom OF the smart 10
serve az means Of conversation between persons AT the
top and bottom Of the shaft; that there was no sufficient
covering for the carriage for raising persons from the
mne and that there suitable brake to the drum
This up in equity before the Hon GaIricA W.
Harding who in his decision, said:
II the Commonwealth Of Pennsylvania, through her
Iegislatire police towns and cites, why may enc
not police the coal mines "" uer uOI.els' =,
her Legislature she can attach eohnuVn,, i,t; I'm
regulations which O be observed by her cltleus III
the use OF their own peculiar properly "nat - I'LL
about coal mines, or tie owners thereof lhat snou
specially exempt them from her supervision anu con-
troll II she recognizes, almost a. q par OF et UI %
law, applicable 10 the property OF hef cI,AeHs, c run
long ago grown into maxim, sc ueFe W4 "t d't'Nnn
non Iaedds why may she not make II equally appcaDlc
10 the lives Of her citizens Inc aol as tne ~
views It, is nothing more nor less than mandate 20
the operators of coal Mines that they shal so WORK l
mines as not 10 nJure the leath nor ehuanIe' te
OF persons employed Ia and about them VI ~ coSliiu
tionality the Court has not the slightest DOUBT WINE
the Court admits that there j. want oil ~ az
third section OF the act nevertheless, carelu eNda
section, "a whole, cannot IAN 10 t'l rs
true meaning. And, nr,t, II stops outright dlsTft
period months from s date a law, me Wor1h
OF every mine or cOlilery when mas p a siuso GpcS
but there is one condition on when such mlns may
still be operated II Is that every seam or stratum OF
coal wherein mining Is carried on ,hal De III cOAul!l
cation with second Quiet 'eli,..tru ~, ~ ~ 10 ,s,
OF not than $50 feet in breadth; that Is the open
ngs or outlets shall be apart Oh The surface al the
poiuts OF ingre,s and eges at least 100 feet Ana the
reason for this clearly obvious. The outlets are 10 ne
sufficiently from each other, 50 hat IN case 81
destruction by fire. otherwise, OF the necessary ere
tions outlet the other may be USED TOT tne
where the destruction has taken place 49,.
o rTSS i 70 have admSnisHed these
the COur that it may admouiSh Others IN Ike case
offending If there he any such in region that taking
the chances in violating this plain and reasonable stat
ute, means nothing short OF assuming responsibilities
which shock the law-abidng public and which may
suit i'm spreading sorrow aud gloom around many humble
fresdes, and Ia casting shudder over the land By
the positive terms OF the section OF the act every
mine having but single shaft. slope aud being with
out communication with second outlet was at the eN
aud ts owners, occupicrs. forbidden to it.
More taa9 thai df 81 fhc law and ree Of
consequences continued on WIN their oteFa onsi
mine Inspector for the proper districts 10 proceed against
inch owners or occupicrs in the manner provided by
the terms Of the fifth section Of the same act.
The 10th section OF the act applies TO every coal mine
shat or slope or whether in communication with one or
more other shafts, slopes or outlets; ana s ak-aS,
50 far relates to the subject matter of this charge is
"a follows: -.,-- 1870, .-,.....
In IN br bottom ~ u slope ~ SHAFT stb calculated md ,artel
10 the
held by and persons she bottom tlI the ;po tr sii Or
sufficient ytrleid 600 every clri-r
used lowering aud hosting p-sons, adequate htr sa" no
mschur worked hf Vit"fp0'"r
tt E or MI be gi for oaerlg Of raising Into OF W .td
mines ami Inns attached the swivel oi th' sire o'er
rope .lo qua Of iron aud tes'oi by weights or
otaerNi-- satisfactorily o. the INSPECTOR Nc
In conclusion Court points to the provisions or the
10Th section OF the tct under WHEN the Court may nay
duties 20 PERFORM ana M far a. the duties u the
Court are concerned would not have one constr ctoh
OF the law for the operators and another TOT he h
spectors hut the contrary whenever the power OF
the Court shall be invoked through Legitimate chdnnriS
II will enforce all uf It's provisions, irrespective OF M
terests or parties. The 10th section, before referred To-
+ In these words: at ,.--..-
CONT whenever petition suel br not r, tln tepua'e coz
oparors OF coal miners. both setting on tat Tue Inspector o o
p- and cosrrs grossly uegects the duties n1t be- nc1ule
be of ms'trtauce Office 70 issue citation IN
,ts ,,m. of the commonwealth, the said inspector
lest notice, on jay uAeit
tf,s ali ige. when said a proceed 20 Inquire tnl d.
The petitioner aud DO the court lhl ii e
ntgsctu 81 h, duties, OF that be Is by reason ~
s N existed before appointment incompetent ~ perform The
tgts guilty Of uselsancc BOO ONCE me '
the who shall declare me once OF
etor OF district vacant, and proceed 10 compliance w" le
properly quail 8ul person 70 MI tue
ofoei Of he si investigation before Tue Noa' A" NC
borne by the removed Inspector &c -, A.. ... Ia
The Court said finally, ana once for all that IN lhe
discharge Of it, duties arising under the PROVISIONS OF
mis- ACT and with other motive than that sprugng
from sense OF official obligation, II would whenever
tbe accession may arise and long this law remains
nnon fine .tautr-bOOk, administer Il strictly, ana IN dc
Cadrdance with It's plain and unmlstakaDle terms.
The Court in accordance with the decision continued
until further ORDER the injunction made at the com
mencement Of the action to prevent the defendants from
working the cOlery.