The labor argus. [volume] (Charleston, W. Va.) 1906-1915, 1908-01-30
THE MINING LAWS.

reason to believe that number of
amendments to the state mining
laws will be made in an effort to
stay the awful calamities that are
becoming such common occur
renee III this state and in this con-
ncctlon we desire to call the at
tentlOn of our law makers to
section Is of the mining law which
provides a penalty for the viola
ton by operators, but at the same
time leaves a loop hole for the
operators, inaSmuch us it does not
make him liable for the acts of his
agents. and in case Of accident or
violations of the laws and he thus
escapes all liability or punishment,
his agent or agents being the party
to suffer in all such cases, as the
following case clearly demon
StrateS
On the 10TH pay of February,
1879, John NJ. Willi"ms employed
by the Thackcr Coal Co.. in the
capacity of Il miner was killed by
IL TALL of slate. and in IL suit for
damages filed by his widow for
damages for Sl0,O 900 which follow
ed, the evidence adduced clearly
showed that his death was Il result
Of the neglect of the performance
of the duty of the mine boss-the
agent of the cOmpany-the proof
OF that fact being so conclusive
that the jury awarded damages to
the plaintiff to the amount of
rs, 600, but the court sustained the
demurrer of the plaintiff thereto
and rendered judgment for the de-
icndant for costs, to which rulings
OF the court plaintiff excepted and
obtained Il writ of error and
Supersedcas. In rendering it's de-
clslon affirming the action of the
lower court the supreme court de-
fined the law as follows:
lit is the duty Of an operator or
agent of q. coal mine to employ a
competent mine boss under and
according to the provisions of sec,
llon IL (now section 10 p 995,
code 1891, append, and having
done SO, he has discharged his
duties to his employees in relation
to those dues which the statute
shall be performed bv
such mine boss, and the operator
IS not iable for injuries arising from
the negttgence of the mine boss.
"a mine boss so employed is
such fellow servant, as in cases
OF an injury to other employees
through his negligence, the master
Is not responsible.N
This ruling and Interpretation
OF this Sectian of the law renders
1t of little value for the protection
of the life and limbs of the miner.
lnasmuch as its relieves the oper
Ator of all responsibility in the
premises. But if on the other
hand the section provided that the
operator WAS liable and responsible
tor the acts or negligence of his
mine boss, or agent or agents it
would serve the purpose for which
1t was intended and would guar
antec protection to the miners and
the enforcement of the laws, for if
Nuch WAS the case the operators
would use more discretion in the
of mine bosses, would
hO!d them to a Stricter accounting
IN the performance of their duties
and insist upon IA rigid enforce
ment OF the laws in every particu-
lar
Unless d law to this effect is en-
acted these bosses will continue to
be negligent of their duties. hostile
to mine inspectors who endeayor
to enforce the laws and evade and
violate the laws of our state which
Will result in the increase instead
OF diminishing the slaughter of the
miners