The Birmingham age-herald., 1911-01-24
NEW MINE BILL
 IS COMPLETED.
Provisions Will Revolutionize
 Mining in State
THE INSPECTORS POWER
VIII Have Authority to Close Up Mines and Arrest Owners for Violations of Statute-Morrow to
 Sponsor Bill


 in Alabama, which has been in the process of formulation for several weeks under the auspices of the Alabama Op- orators association. has been completed and several hundred copies delivered to be distributed among the legislators for tfeir consideration.
 The laws which are Incorporated In the act are perhaps the most drastic ever compiled in any coal mining region and will almost revolutionize the business of mining coal in this state in various ways.
 The bill will be introduced in the sen- ate through the instrumentality of Sem ator Hugh Morrow of Jefferson and as the entire coal operating interest Is be- hind the measure its adoption by the state solons is not seriously questioned.
 One section of the bill as announced yesterday. gives the inspectors of mines absolute authority to close up any mine and arrest any mine owner or lessee who consistently violates the instructions previously given by the inspectors.
 The passage giving the mine inspectors police powers Is as follows:
 Section 10. The chief mine inspector and each of his associates are hereby em- powered to act as police officers, with full powers to arrest and detain, with or without warrant any person who violates any provision of this act, or engaged in any attempt to violate any provision of this act. Provided, however. that no such person shall be detained for any period of time longer than 24 hours with out warrant, or the filing of a charge against him in a court of competent juris- dicstion. And provided further, that said chief mine inspector and his associates, and the mine operator and officer detain- ing such person shall not be liable in damages on account of any such arrest or detention of any such person or persons. Police Powers
 The chief mine inspector and three of his associates, acting together shall al so have power and authority to im- mediately stop the operation of any coal mine. or part thereof. In which any un- necessarily dangerous and unlawful condi- tion is consistently maintained by the operator, after having been notified by said chief mine inspector of such dan-
 
 however, that where conditions exist justifying him to do so, he may grant a reasonable length of time for making necessary repairs; and provided further, that where any stop Is enforced such chief mine inspector shall have power to subsequently allow such mine. or part of mine, to be reopened when the dan gerous and unlawful conditions have been remedied or removed, Any operator whose mine, or any part thereof, has been stopped under this section, may apply to any chancellor, or to any chancery court in this state. without any bond thereof, for an injunction, and upon two days notice served on the chief mine inspector said application or peti- ton for injunction shall be heard upon testimony received in such manner as the chancellor may direct If, upon such hearing, the proof shows that such opera tor is not consistently maintaining an unnecessarily dangerous and unlawful condition in said mine. then the chan cellor, or chancery court trying the same, shall award a writ of Injunction In favor of said operator, restraining said chief mine inspector and associates from stopping the operation of said mine or part thereof, and revoking the order of said chief mine inspector and associates. "An appeal by the unsuccessful party shall lie to the supreme court of Ala bama from any decree of the chancellor, or chancery court, trying the cause, which appeal shall be taken in the same man. ner as provided by the statute for ap- peals from the chancery court 60 the supreme court. Provided, however, that should the chancellor, or chancery court, trying said cause, grant a writ of in- junction in favor of said operator, the operation of said mine shall not stop pending an appeal to the supreme court"
 The mine inspectors of Alabama have not at this time police powers, nor have they the authority to hinder the opera ton of dangerous mines even after fre- quent notification of the mines danger ous condition. This section of the new law will no doubt render necessary the most careful consideration to every mine operated in the state.
 The law provides in the event of con troversies that the disputed question may be referred to the judge of probate and stipulates the manner of. reaching that court. The law creates an inspector for each 2,50O,OOO tons of coal mined in Ala bama and this will add about three men to the present force of three men. The inspectors will be under chief located in Birmingham.
 The new law regulates the filing of re- ports by the mine operators with the in- spectors, forbids the employment of per sons under II years of age and provides that no women shall be employed in any mine.
 A new and striking feature of the new enactment is the provision that no person shall enter a mile while intox- cated and no one shall carry liquor into mine A severe penalty for such an infraction is placed. The law also makes it a punishable offense for any owner to charge a fee to employ any man and reg ulates the employment of men in other ways.s
 The law was drafted from various ones in other coal mining regions and it is believed will meet every possible exigency that may arise here in the future It is based upon the most progressive ideas and will no doubt fit conditions in this state for years to come.
 Capt. J. V. Allen,, secretary of the local association, will perhaps go to Montgom- cry when the bill is introduced and ap- near before> the legislative committee for