The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-02-26
IellfIlii1 ry
Continued from PAGE Thres.l

On the 22d day Of February. 1907.
the legislature Of west virginia pass
ed an acI revising the eixstfng mining
laws Of the State. This act went into
effect ninety days alter las passage.
being May ed, 1907 BY this act all
the existing mining laws Wee molt-
fed, and in many ways strengthened,
providing for Reorganization of the
mining department. and efylng the min
ing department more power and au-
thority, and adding to the nnning force
new deputy inspectors, making twelve
in all, corresponding with the member
of districts into which the State was
divided ~ the .lct While yuer com.
mittee Is of the opiui,n that the mine
department. OF DE State Es not as ne
tive anil as effective as 1t should 5e
under the law yet it IS aware that the
department has been acr;n, Under n
new law, which c0pI hardly bc ex-
pected TO be % vigorously enforced
as It wn.id be altit both the mine e-
partment and the operators became
thoroughly acqua!ntcd IL. :L. it'll. Your
committee. ho@evel Is Of tile otin.
ion thai the department fails la I'M.
press IT. elf as eg4.;, cl.' as It shonll
upon The operatols Of the State. II Is
further The opirtnn Of the committee
that the mine department lacks prop
er organization, in that it does not re-
spond as quickly and forcefully as it
should to the demands of the act re.
ferred to. and to the existing condition
of affairs in many parts OF the State.
At the time of the explosion ut Stu
art on the 29th of January. the mine
department of the State should have
known of 1t had it been alert to the du-
ties and responsibilities resting upon
, it, that the stuart mine was being OPP
Grated in violation of law, in that it
was working more men in the mine
than was authorized by law at that
time. First. because on June goth,
1906 prior to the explosion, 1t was
reported to the mine department that
elghty.three men we're employed in
the mine at the time, and that mine
can produce five hundred tons per
day; and, second, when inspection was
made on the 21st Of December fol-
lowing, careful Inspector could not
have failed to see from tho advance
ments in the different headings, the
enlargement of the mines, and that
more than twenty men had been at
work. At this time, however, it was
reported by the district inspector that
more than twenty men were working.
but not at one time, there being two
shifts at work. Had the INSPECTOR been
thorough, and conscious that it was
J his duty to see that the law was not
violated, he certainly could not have
failed to note that in this respect at
that time he mine was operated in vio-
lation of the law; and in fact from
the reports sent in to the department,
1t is the opinion of the committee that
for Deputy Mine Inspector Absalom did
know that this mine was employing
and working more men than was al
lowed by law in the mine.
Section 16 of the mining act passed
by the last Legislature, provides, inter
ALA, And if any Inspector shall dis
cover any mine does not. in appll-
ances for the safety of the persons en-
ployed therein, conform to the prOyi'
sions of this act. or that by reason Of
any defect or practice In or at such
mine that the lives or health of the
persons employed therein are cndan-
gered, he shall Immediately in writing
notify such operator or agent thereof,
stating in such notice the particulars
in which he considers such mine he
Fective or dangerous and II he deem
It necessary for the protection OF the
lives or health of the persons employ
ed in such mine. he shall. after giving
notice of one day to such operator or
agent in writing. notify the chief Of
OF the department Of mines, who shall
Immediately examine the mine report
ed to be unsafe, and If upon examina.
ton the. mine reported to be unsafe
is in fact found to be in an unsafe con-
ditlon, the chief of the department of
mines shall forthwith order the mine
to be closed until 1t Is placed in safe
and proper condition for mining opera
lions"
This summary power placed in the
hands of the chief mine inspector
gives the department absolute control
of the situation. Any practice or de-
feet in the mine or the machinery or
equipments thereof which Is deemed
to effect the health or lives of persons
employed therein, is sufficient war
rant upon notice to the chief, to close
down the mine without any legal pre-
ceedinG or process.