The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1895-10-26
.INTERPRETATIONOF MINER"
Another Gateway for Mine FOremanShip
Opened by Legal Opinion.
"FOR" AND "OF" DISTINGUISHED
Deputy Attorney General Elkins Interprets
Mine Law and Says Laborers, Leaders,
Starters, Repairmen and others in
the Mines are Miners.

Deputy Attorney General Elkins has for
warded to Mine Inspector Stein, of town, a
written legal opinion on the Interpretation
of the word miner rs used in the Mining
Law of 1891. Mr.. Stein received the opinion
late yesterday afternoon and the HERALD is
enabled to give the full text.
The ruling is result of discussion at a
meeting of the Board Of Mine Inspectors
held in Shamokin about three weeks ago,
when Inspector Stein, as secretary Of the
Board, was instructed to write the Attorney
General and ask for his Interpretation of the
word.
The ruling is a very important one bearing
on the coal mines of this state In fact, it is
one Of the most important officially made in
several years, as it places within the reach of
almost every worker in the mines of proper
age and education boon which has hereto
fore been considered the fortune of only such
men who have had years of experience in
actually cutting coal and it would not be
surprising if the applicants for examination
for mine foremen certificates should multiply
in great numbers as a result of this opinion.
The question as submitted by Inspector
Stein was whether the word miner" as
used in Article VIII, Section |, of the An
thracite Mining Law, approved June 2nd,
A. d. 1891 (P. l.. 1867, is to be confined in its
application to the person who actually mines
and cuts the coal, or whether it may include
laborers, leaders, starters, roadmen, repair
men and others who work in the mines but
who do not actually cut coal
Deputy Attorney General Elkins in his
opinion to the Inspector, says:
The section above referred to provides for the
granting of certificates of qualifications by the
Secretary of Internal Affairs 10 Mine Forcmcn
and Assistant Mine Foremen who passed n
satisfactory examination before the Board of
Examiners and who have had five years prac-
tcal experience as miners. The question your
inquiry raises L. what constitutes practical eN-
perience as miner within the meaning of
the law, or, in other words, does the above
phrase require actual experience in cutting or
digging coal.
Webster defines the word "miner' as zone.
who mines; digger for metals and other min
erals" do not understand that n miner must
| necessarily be digger or minerals. The dcinl-
ton is satisfactory if he is digger FOR minerals
/ \ person might be long time digger for min
erals and yet never actually mine them. Then,
again, Article XVIII of the Act herein before
mentioned, under the head OF "Dcfniton of
terms contains the following, to-wit: The
| term mine includes all underground workings
/ ana Excavations ana SnattS, tunnels and other
ways and openings; also all such shafts, slopes,
tunnels and other openings in course of being
sunk or driven, together with all roads, uppli-
| ances, machinery and materials connected with
/ the same below the surface.
| 'If, then, the term mine rs used in this Act
4 of Assembly, embraces all underground work.
/ ings, excavations, shafts, tunnels, other ways
| and openings, etc, 1t must necessarily follow
/ that person who works in any of the places
/ included in this definition is miner within the
meaning of the law. / do not think it was the
] intention the oil a.
| examination to a particular class of persons VIII,
work in the mines, but rather to include al
/ classes of miners who have had five years praC
teal experience in working in mine, as
defined in the Act of Assembly"
In the same document in which the abov,
opinion is Incorporated Deputy Attorney Gen
eral I1lllins gives an answer to question as tC
whether it is necessary that a Mine Foreman o
Assistant Mine Foreman should examine tn,
workings of a colliery to see that they are prac
tically safe and free from explosive gas o
whether this duty can be performed by a fir,
boss.
On this point the Deputy Attorney Genera
says: when the mine foreman cannot person
ally supcrintend the entire mine, he has au
thority to employ sufficient number of 'com
petent persons to act as assistants Upon tn
proper construction Of this phrase depends tn
answer to your question. The Act of AssCmbl
itself does not set the exact standard of quail
fication for assistants thus employed. 1t unl
provides that they must be competent persons
to act in this capacity. This law was passed a
/ a protection to the persons who work in tn
mines and that construction should be given
{ which will most nearly accomplish this result
Inasmuch, therefore, as the law has provide
for certain qualifications ON the part of thos
who act mine forcmen and assistant min
foremen, it would seem to he in the interest @
the public good to require that any assstan
employed by them should have a certificate q
qualification, as required by law. such certih
Gates are granted only TO mine foremen and as
sistant mine foremcn hence am of the opinion
that these assistants should have such ccrtih
cate of qualification before they are employe,
as competent persons To act under the provis
ions of the law
Everybody can get penknife free.
FACTORY SHOE STORE,
RsIIan npillir,r