The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-07-02
Must Answer to a Jury for Fail
ure to Report Gas Explosion.
COUNSEL TRIES TO SAVE HIM.
His Defense That the Explosion Was
Not u Serious One. and That There
fore Failure to Report to the
State Mine Inspector WAS Not .
violation of the Law. Fails TO
satisfy Justice Frank Il. Ingersoii

L c. Anderson, superintendent. Of the
FRANKLIN coal mine. was bound over TO the
superior court yesterday afternoon by
justice OF the Peace IngersoIi, tn answer
the charge OF failure to report forthwith
10 the state mine inspector gas explo-
sion in which two men were alleged 10
have been seriously injured.
an the case Of A. Valley, a gas tester,
the charge that he neglected to prevent
men from entering the breast was dis
missed on the ground thah the law does
not cover the alleged offense.
Last spring there was an explosion in
the Franklin mine and two men. named
Costa and Castrina, We're injured. c. e.
Anderson, superintendent Of the mine. was
at Newcastle, but did not return for two
Gays. A short time after the explosion he
received telegram from DR.. Smith. the
Paclhc Coast Company's physician at
FRANKLIN, stating that neither COSTA nor
Castrna was seriously injured About
nine days after the explosion Suparin.end-
en- Anderson sent iii a report 10 State
Mine Inspector Norton.
The mine inspector bel. Il thai tn new
lngly instituted prosecutions bsfgrc Jug
tlce Ingersol After several cont auancss
the cases came up for hearing yesterday
afternoon. $. II. Piles appe. red fer the
defense. Assistant Attorney Gnsial
Vance ard Prosecuting Attorney HcElroy
represented the state
Sup rintendent Anlers3n'S Csc was
taken up first Mr. Piles inter2o<r,l G.e-
mutrer. claiming that ;he .comDla.Ht lii
not state facts suHicien; - constitute a
crime ana Furthermore ;AaI Il law WIS
unccnsti uT,onal. because the act lt.,If
was broader than the I'll. TIN state took
an opposite View Of the matte ard JUS
tice ingersoil overruled the Demurrer.
Tha prosecution did not lind Il nee ssary
10 make any specill effort to establish the
fact that the explosion was nor reported
10 the mine inspector .'fJr:hw..h." Eight
or nine days elapsed. ono Of the men who
were Injured by the explosion claimed
that he was in bed ';ftr Iavs, iurirg
which time he was under medical treat
meut.
The theory Of the defense was that the
miners were not seriously injured. when
being the case, there was 10 necessity 10
report forthwith. 81 e:ntendcn. Andar-
son said thai the men were no: .criods,y
injured. At the time OF the arcl.lCnt he
was at Newcastle. but on receiving a tele-
gram from DR. Smith 10 me effect that
not hasten back. II was two days before
he went to Franklin. lie described Tho
process Of making out reports. II was
eight or nine days after the accident taat
he sent in the report.
Justice Ingersoll said that rs he was SIT
ting simply as committing magistrate,
he would allow ;he Case 10 80 tC ;he ST.
peror court. Anderson was released on
$40 bonds
Mr.. Piles interpos d 4 demurrer IN the
case against Gas Tester Valley. claiming
tina; there was no law making il an Of
Tense not 10 prevent i miner from going
into a breast In conn elton With this
technical objection. he stated that the de-
Tense would show by lis evidence shat the
gas tester posted a notice IN the bla. aboard
calling attention 20 the fact that there
was gas N the narticui lr hreast whore the
acc dent occurred. Furthermor2. he cl',Ci
a beard across the entTaure Il the hrclst.
forbi3ding any one 10 60 IN Notwith-
standing these precautions AMI the warn
ing of other miners. Costa anil caSuna
entered and the explosion followed.
Justice IngerSoN said amt h WIS eat.S-
;ied the IR~ i.d not cover 'he alleged Of
Tense Of neelectng 10 Uo1fv mn nCj 10
enter a breast. and he would accordingly
dismiss the complaint.